New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-23
MASTERS SALE
THE CINCINNATI. HAMILTON AND
DAYTON RAILWAY COMPANY.
Malice of sale.

against The Cincinnati. Hamilton Dayton
Railway Company. Defendant, in EQUITY 40.
Al. Consolidated Cause. and In the Ger
tain causes and each OF them In said
Fnsi Decree designated constituent cause,
]. Edvard ". Strong. the Specisl Mari,
referred to IN said Final Decree. VIII scr
81 nublic Fuction 10 the highest bidder or
Bidders, a the Office Of the Superintendent
OF tho Welision- Delphos Division OF ne
Cincinnati. Hamilton and Dayton .tatNes
Company hereinafter called the hsll us,..
stanton Street upon the PREMISES ccNeteu uS
toe Irontou Mortgage, the l1fst snl ~. IT,
funding Mortgage and the General M.rtsase
h,rslnAf,er mentioned IN the city o, Day
ton. in the County OF Montgomery. ~ the
Sfafe Of Ohio on June A. 1917, At eleNen
O'Clock A. NJ the property In sAi1 ms
Decree described and therein directed 10 Se
sold. to-wit: The property tnp)eet 20 -.
FIRST Mortgage OF The Cincinnati. DAYTON
and Ironton Railroad Company. aua w., "
properly subject 10 tho first sna heluno. -,
Mortgage and 20 the Eeher~i "o''sHe'
the Hallway Company.
A brief description o. the property 10 DC
sold at said ,ale IS as follows;
A. The property subject TO First Morigage
of The Cincinnati. Dayton and trenton Ran,
road Company dated May l. 1891, from said
Tns Cincinnatl. DAYTON and lronton Rail-
road Company TO Central Trust COMPANY ~
New York az trustee. under when Chl.,-
states Mortgage and Trust Company Is no"
trustee Hereinafter called the lronton MOI
sseso being the property described In Arucie
twenty second OF said Final Decree to,,NaN..
All that portion OF the line OF ralI"ay
formerly Of The Dayton. Fort wayne en- p.
Caicago Railway Company. IN who're OF !"
part. within the Counties Of MontsolhtIy'
Greene. Yayette. Ross. Ninton. Jackson
Callla and Lawrence. In the state OF pu'o'
beginning st or near the thifd stree so
tion IN DAYTON. Ohio. thence running IN
south,asterlv direction through Aenia ana
Jamestown in Greene County. Washink.on
Court House in Fayette County. ChliIiOo."e
IN Ross County. Nlnton County. over tne
line Of railway belonging 10 the baltimore
and Ohio Southwestern Railroad 'ohpa",,
a distance OF about seven anu .le..a,,'
miles under temporary contrary 0i Is.''e a.
through jackson County 20 Nellston N
ssd county, through Gallia County aho
Lawrence County TO the Town OF Dean
in said last-nsIn"d county with ooHneT
tion at said point with the I.on go
road Company running 70 lronton, over
which line 70 Iron;on Il had on May !,
1891. a temporary rental contraep, tosether
with all property Of corporate nature o.
ownership OF every kind eelonsins 20 s sso
me Dayton Fort Wayne and Chiosso
RAILWAY Company. owned or used by sslo
Company in constructing. managing OF
operating Its road. including al! propeT1s
real and personal ,.ss;heIl oo emo At
any lime owned or acquired by !, OF ts
constituent companies or predecessors Io'
constructing. repairing. operating. iepiac
ing or maintaining the portion OF saio roao
40 CONVEYED. and all its real estate. rights
sv Toadbeds and the entire super
structures thereof. and track al any w.
placed thereon and all stations oepo.s,
,hopt, yards and other grounds 81 any
time used in connection Herewith. ineluo,
ing All grave, pits in Greene Ross ana
other counties; and all steel and iron rals'
ties, railways. sidlngs. switches 1rs ,s
fences turntables. water-tanks' Naoucts'
freirht- houses car AMI engine houses
machine shops and all other structures;
buildings and fixtures Whatsoever ana az
tools. implements maehinery; t snn,,,ss Of
the said The Dayton, Fort Wayne aho
Chicago Railwav Company al any tIns
owned or acquired by II or us consI,.Jten'
companies or predecessors FOR consuuctins'
repairing. operating. replacing or main
taininE the portion OF the ROAD SO Con-
v-yed: also all the rights io5nerLy ue
longing to The Dayton. Fort wayne ana
Chicago Railway Company under the
aforesaid permanent or temporary rehta,
contracts 10 run over the said INES o,
railroads hcreinbciore referrsd TO- siso an
the rights. franchises. privileges, lmhluhl
ties and easements. and all leases. lease
holds. rights o. use OF other falroa9s
aforesaid formerly belonging 20 the SAID
The Dayton. Fort Wayne and Chicago
Railway Company and It's constituent COM
panies including all corporate franchises
connected with the line OF ialI~ay anu
properly conveyed by the 1ronton Mort
ssce or any branches or extensions
thereof. and also all rights. privileges ana
franchises lands. roadbeds. rights OF way,
branches extensions. be;termenis' Improve
uents. buildings. structures. switches
rails ties. bridges. fences. turntables.
locomotives. cars machinery. equipment,
supplies and all other property OF what
ever nature raj or personal. at any time
or times since Nav !. 1881 acquired or
owned bv SAID The Cincinnati. Dayton and
Ironton Railroad Company Including a
branch line from wellston 10 Buckeye Fur
mace In said JACKSON County,.
Also the following real estate. being part
Of Military Survey number twenty-five
hundred ana forty-three t--t9 IN the name
Of ". and A. Lewis. beginning at a stake
III shawnee River. near Tn Columbus and
Nenia Railroad and IN the centre % Norris
Street. at n stake about seventy-three C0
feet from and in the east
abutm.nt OF IN. railroad bridge over .aid
run. thence Up said run south seventeen
OD degrees thirty (s0 minutes, east .To
hundred and ninety-seven t2sO feet. 70 a
stake in said run ana IN the centre OF
Williams Street: thence with the centre OF
williams Street north eishty-one (SlJ de-
Rftes, west one hundred and fifty Q50)
feet, 10 the centre OF Pelham Street, near
the mineral spring: thence with the centre
OF said street north thirty-three (33) de
Erees. west one hundred and twenty-seven
Ne1l feet. 20 stake in the Wilmington
road; thence with the said road, north
sixteen and one-half $50 degrees. east
one hundred and ninety-seyen l97) feet,
10 stake Of the centre OF and at the
end OF Main Street: thence with the centre
Of said street. north one % degree eighty
eight ISL feet. 20 the beginning. contain
ing about $500 acres in Greene County
and City OF Xenla
Also the real estate in the City OF Xenia.
Greene County. Ohio, purchased by The
Dayton and lronton Railway Company from
Lester Arnold by deed OF date OF May 2lst.
1857. and recorded In Greene County. Ohio
In Records OF Deeds. Volume %, page Ia
and which Is specially covered by the mort
saEe OF Lester Arnold. containing 2S-loo
acres.
rn..,N.x n.f,A ,ho ,.V,-efo,s ,emaf,de-s
tolls. incomes. rents. issues and profits OF
the above described property and premises,
and also all the estate. right. title and
interest and claim. as well at law as In
equity. OF said The Cincinnati. Dayton and
lronton Railroad Company of. in and 10
said premises, and every part thereof. with
81 the appurtenances.
.. The property subject TO the First and
rsny. dated July l. 1909. 10 Bankers Trust
Company. as trustee hereinafter called tho
First and Refunding Mortgage. and TO the
General Mortgage Of the Railway Company.
dated July 1. 1909 to Central Trust Company
OF New York. as trustee hereinafter called
tho General Mortgage, being the property
described IN Article Twenty-third OF said
Final Decree. to-wii.
/. The properties adjudged by said Final
Decree 10 be embraced In the Iron,on
Mortgage. and described IN Article Twenty
second OF said Final Decree.
n. The properties embraced In the First
Mortgage Of The Cincinnati. Dayton and
Chicago Railroad Company. TO Continental
Trust Company OF the City OF New York.
as trustee. dated April /. 1892. being the
following
All that portion o, the line Of railway
formerly belonging 10 The Dayton. Fort
Wayne a Chicago Railway Company. sit
uatcd in the counties OF Allen. Van Vert,
Mercer. Dafke Miami and Montgomery. in
the State OF Ohio. and beginning az Deiphos
In Allen County and running in a southeTly
direction through Spencefyilie in said Allen
County, Van Vert County. Mercer and
tellnS IN Mercer County. Versailles In
Dnrke County. Covlngton and Yves, Milton
In Miami County. saltwater junction and
Dayton In Montgomery County. 20 the taid
city OF Dayton. IN said last named county.
together with a branch line OF about one
mile from the National Home for Disabled
Volunteer Soldiers 10 the main line about
one and one-haif miles from the western