New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-01
MASTERS SALE
THE CINCINNATI. HAMILTON AND
DAYTON RAILWAY COMPANY.
cincinnati. DAYTON and Chlcago.)

ay Company, Bankers Trust Company and
sntral Trust Company Of New York. De-
ndants. In Equity. No. 49," as modified oy
n order entered In said cause July II, 1914 |
nj an order entered In said cause August s.
IL. I, Aaron A Ferris. the Special faster
ferred 20 in said Final Decree, Will sell
public auction TO the highest bidder or
i1ers at the place where the mortgsBed
mes Of railway cross the lin. OF German
wn Avenue. In the City Of Dayton. In the
,ats OF Ohio. upon the premises formerly
gnei b. The Cincinnati. Dayton and Chi .
go Railroad Company, and upon the prop
~ 10 bs sold. On September 20. 1911. az
70 o'clock Il. II, the property In said Final
ecres described and therein directed 20 be
Va. to wit: The property embraced In tho
irst Mortgage % The Cincinnati, Dayton
nd Chicago Railroad Company.
A brief description OF the property TO be
I'D at said sale is as follows
All that portion Of the line OF rail-
way formerly belonging 70 The Dayton.
Fort Wayne & Chicago Railway Company
situated In the counties OF Allen, Van
Vert, Mercer, Darke, Miami and Mont
gomery, in the state OF ohio. and begin
ing at Delphos In Allen County and run
ming in a southerly direction through Spen-
ceryllls In said Allen County, Van Vert |
County. Mercer and Cel!na In Mercer
County, Versailles IN Darke County, Cow
ington and West Milton In Miami County |
Saltwater Junction and Dayton In Mont
gofnery County, 10 the said City OF Day |
ton. In said last named county. together
with a branch line OF about one mile from
the National Home for Disabled Volun-
teer Soldiers 20 the main line about ono
and one-hslf miles from the western cor
pora,ion limits Of said city OK Dayton, to-
gether with all the property OF a corporate
nature or ownership OF every Kind for
merry belonging 20 The Cincinnati, Dayton
and Chicago Railroad Company and owned
and used by Il In constructing, manag-
ing or operating its road, Including all
property. real and personal, together with
all the rolling stock, equipments ana To-
comotives az any time owned or acquired
by IL or It's constituent companies or
predecessors for constructing, repairing
operating, replacing or maintaining us
railroad conveyed BY It's First Mortgage,
dated April /. 1892. 10 Continental Trust
Trustee. and all real estate acquired Tor
use In connection herewith; also all
rights Of way. roadbeds and tho entire
superstructures thereof, and track 81 any
time placed thereon, and all stations. de-
pots, chops, yards and other grounds At
any time used In connection herewith;
and all steel and iron rails. ties.
railways, sidinss. switches. bridges.
fences, turntables. water tanks. VIA
Ducts. freigh. houses. car ana engine
houses, machine shops. and all other
structures, buildings and fixtures what
so.yer; and all tools. implements, machin-
cry, fuel, furniture. fixtures. materials.
and supplies owned or acquired By IL In
constructing. repairing operating, replac-
ing and maintaining its said railroad
also all the rights. franchises: p.ivheses'
irnmunit!es and easements, and all leases,
lsas.holds, including all corporate fran
chises connected with said line OF rail-
road and property and all other property
O. whatever nature, real or personal, al
any time acquired or owned BY said The
~ a
Company.
Together with ths reyersions. remand
ere, tolls. incomes. rents, issues and
profits OF the above described property /
and premises. and also al the estate.
right, tits, interest and claim, as well /
in law az in equity. formerly OF ,aid The
Cincinnati, Dayton and Chicago Railroad 1
Company, Of in, and TO tho said premises.
and every part thereof, with the appur-
.enances.
A, more fully provided by ta!d Final De- /
rec, 10 which references 10 hereby made:
/ Said sale will b made without valua- |
on. spprals.ment. redemption or extension. |
II Tho Special Master may adjourn or
ostpone such sale and may, without further
Office or advertisement, proceed with the
ale on any date 10 which the same may have
zen adjourned.
III. Any party 10 the cause, or any own
r or holder Of First Mortgage Bonds OF The
'ompany hereinafter called First Mortgage
3onis) may bid or purchase at the sale
" Said property Will be sold free and
lear Of all interest, liens and claims OF any
nd all parties to the cause. and OF each
nd all such persons. partnerships and cor
oratlons as may hereafter becoms or be
made parties hereto, and OF each and all
ersons, partnerships and corporations clalnSr
NJ under them or any OF them.
Y. The Special Master will offer for sale.
My rs an entirety, all tho property adludSed
Y said Final Decree 20 be embraced In the
'irst Mortgage OF Tho Cincinnati, Dayton
nd Chicago Railroad Company, and Will
trike of and sell the same 20 the highest
idder subject 70 confirmation OF the sale
y the Court.
ept any bid for said property less than the
UNI Of S275 900: and II such required sum
hall not be bid the Special Master will si-
ourn III. sails and apply 20 the Court for
Irther instructions in respect thereof.
The Special Master Will receivs no bid
rom any on. offering 10 bid who shall not
rst deposit with him as a condition prece-
ent 10 his right 20 bid and a pledge that
UGH bidder will make good his bid IN case
i,s acceptance by the Special Master ana
by the Court the sum OF S5O,ooO
a cash or by certified check upon any ma
onsl bank or trust company In the stats Of
,hlo or the City ot New York acceptable 20
he Special Master, and made or endorsed
syabla 10 hts order. or in lieu Of said de-
osit in cash or by check, 100000 race
mount Of First Mortgage bonds in bearer
orm, bearing the coupons sppurtensnt 70
UGH bonds maturing October !, 1914 and
In leu OF IN. DEPOSIT. OF First Mortssr.
,onds and coupons With ths Special Master
.r.by permitted the Special Master will &C
spt the certificate Of The New York Trus,
'ompary that II holds subject n his order
he amount therein specified ~ First Mort
sgo Bonds IN bearer form. accompanied BY
he COUPONS therein stated. The deposit re-
eiysd from any unsuccessful bidder VIII be
eturn.d 70 him when the property has been
truck Of. The deposit received from any
bidder will be held By the Special
faster subject 10 the orders OF said Court.
nd upon confirmation ~ IN. sale VIII he
pplei on account OF tbs purchase price OF
ne property.
VI In cas-. any bidder. after the accept
nee NJ his bid by the Special Master, shal
ain 10 comply within the period OF twenty
avs with any order q the Court requiring
r relating to the payment OF the balance OF
h. purchase price. then the sums deposited
y such accepted bidder as hereinhefore pro
ided whether In cash or by check or repre-
suted by First Mortgage Bonds, Will be for-
cited a, a penalty for such failure and Will
/. applied 10 the payment OK tho expenses
, > resal. end toward making good any de-
cheney or loss IN case the property shan -
old AZ a less price on any such resale and
or such other purposes as the court may
rect n the Court shall not confirm any
ale. the deposit made BY the accepted BID
or NIL Ia forthwith returned 70 such bidder.
VII. Tho purchaser, on confirmation OF
IA. sale by the Court. shall make such fUr-
,er paymen, or payments IN cash on account
2 the purchase price as the Court may from
me 70 time direct. SO much OF the pur-
has. price as may not be required by the
our, 70 bs paid I'm cash may either be paid
, cash or any purchaser may satisfy or
,ahe good such residue 81 his BID IN whole
r in part by turning over - the sp-cial
tss,art 70 he cancelled or credited. as herein
FER provided, First Mortgage Bonds and
oupors ,her.un,o spp.Ftaining In Ileu OF
n turning over 70 N. Special Master Irst
,o-traes Bonds and coupons the Special
,sster rill ACCEPT the certificate OF The
:.w York Trus, Company that It holds sub.
,ct to his order the amount 'hereln spec'nea
I, rir., NfortEage Bonds IN bearer form and
by the coupons therein stated:
purchaser will oe credited on account or
-