New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-10
MASTERS SALE

sold under said Final Decree in cas-. anv
purchaser or his or Its successors or assigns
shall TAIL TO pay any OF the obligations men
toned In said Article xxx within twenty
days after service OF an order OF said Court
requiring said payment. or IL an appeal he
taken from any such order. within twenty
days after service OF written notice OF final
confirmation OF such order upon appeai
In the event that any purchaser. after de-
mand made, shall refuse to pay any of the
ABOVE mentioned obligations which under the
foregoing provisions OF said Article xxx
he Is or may he required TO pay. the person
to whom the same may be due. upon twenty
days notice 10 such purchaser NAV nle a
petition In said Court to have the same
enforced against the property sold TO such
purchaser. In accordance with Inc usual
practice OF said Court in relation TO nav
ments OF similar character; and such pur-
chaser shall have the right to appear ara
make defense 70 any claim debt or demand
or the priority thereof SO sought TO be en-
, forced.
y. Article XXI OF said Final Deere.
provides that the Receivers OF The Cincin-
natl. Hamilton and Dayton Railway Com
pary shall. not more than twenty nor less
than ten days prior to the date fixed for the
sale under said Final Decree, file with The
Clerk OF said Court an advisory statement
or statements with reference to indebte,Iaess
Liabilities. contracts and leases
Any purchaser and his SUCCESSOR. mr.
signs shall have the right for the period OF
SIX months after the delivery OF the Special
8 Nnefher Or IN
! assume or TO adopt as part OF the property
embraced in such deed. any lease or contrar,
made b. The Cincinnati. Hamilton ana Dsy-
T1n Ks~ay 1oinPany appertsinins to the
/ chaser. his successors or assigns shall la
! held not 10 have assumed or to have adorted
any lease or contract In respect OF which he
or they shall not have filed a written alec
the Clerk OF said Court within said period ~
six months or within such additional period
or decree permit
Any purchaser and his successors or a.,
signs shall have the right TO cleo, not to
] take or accept any part OF the prooerty
| struck of TO him. by written notice 10 ths
| Special Master given at any time prior 10
tho execution and delivery OF the deed or
instruments OF transfer from the Special
Master. NO such election by any pur, haser
IFS SUCCESSORS or assigns, shall diminish ar
aTeet the purchase price OF the property
ri tpon confirmation OF sale and thu
payment OF the purchase price by any pur-
thaSer D. successors or assigns or upon
nakiag such provision for the payment
thereof rs said Court may approve Tho So.
! clal Master making the sale shall execute
4 10 shcA pur' haser. his successors or assigns
deed or deeds or other proper Instrument,
conveying. assigning and transferring tho
I properly sold 10 such purchaser texcept such
part thereof, II any. as such purchaser. his
successors or assigns. shall have elected nor
20 take in accordance with the tro, Lslon, "A
: fnCh respect contained in Article NXXI OF
SAID FINAL Decree, and upon the production
! Of such deed or deeds and Assignments or
! transfers or a certified COPY or COPIES thereof
Z the grantee or grantees therein named shall
, ne Jet INTO the possession OF the property so
conveyed or transferred. The purchaser his
Successors and assigns. shall after such de-
livery ~ possession hold, possess and enjoy
the properly conveyed and Transferred and
every part and parcel thereof free from mo
J trust and lien imposed thereon BY the First
/ Mortgage. Ga free from any claim rlght
interest or equity OF redemption o. In or ~
the same by Or Of The Cincinnati Hamilton
and Dayton hallway Company. It's successors
and assigns. ana hy c. OF the creditors an
/ stockholders Of said Railway Company. and
I by or o: any party 10 this cause. nd all per.
! sons. partnerships ana corporations claimin.
{ ~ under or through said Railway Company.
( rs creditors or it, ,ockhoders or any
: party to this cause subject, neyerthelesS 10
the condition that the Court may re-take and
resell TIE property conveyed or transferred
4 IN case such purchaser. his SUCCESSORS or
assigns. shall fSil within the time limited
10 pay any balance o. the purchase pr!ce
/ remaining unpaid.
III. By fsid Final Decree all questions
not disposed o, by said Final Decree are
reserved Tor future adjudication.
For further particulars. reference 10 hereby
made To said Final Decree and to the record
OF testimony IN the above mentioned cause
on fle In the Office OF the Clerk O. the Dis
! trtct Court OF the United States for tbs
Western Division OF the Southern District OF
Ohio.
pSied April :s. 1917
AARON \. FERRIS.
Special Master,
100 Mercantile Iibrary Building,
Cincinnati Ohio
SQUIRE. SANDERS & DEMPSEY. Leader
News Building Cleveland. Ohm.
! ALFRED A. coon.
III Broadway, New York City.
Solicitors for Plaintiff. The New York
Trust Company.