New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-18
MASTERS SALE
THE CINCINNATI. HtMILToN ~"
DAYTON RAILWAY coMfhNh'
Notice OF Sale.


on April n. 1917. ~ certain 'onsoi l,',,
Cause IN equity pending in -all 'o.,,
entitled 'Bankers Trust COMPANY -,
against The Cincinnati, Hamilton 20 ~
Railway Company, Defendant 10 Lquily' w
Al. Consolidated Cause. and IN me Ve,
tain causes and each o. fhem ih h'."
Final Decree dcslEuatte conslliA'ht ,e-..,-
J. Edward W Strong. the Special Maft'',
referred to IN said FINAL Decree WI -
at public suctlon O. the hlsnest Ni.N-'
bidders. a the offica % the SIrcfInir
OF tho Wcllstun-Delphos DIVISION ga $50
Cincinnati Hamilton and DAY InN
Company hereinafter called the haHNas
Company. 1n East Flrs' street. ~, H..
stanton street. upon the premises cover p,
the lrontou Mortgage. ih- IN-i ..,,i.--..a,e
funding Mortgage and the General N.i 800
hereinafter mentioned 100 the CITY OF Ai,
ton. lu the County OF Montgomery. n ,.
State 81 Ohio, on june a. lfl' ~ 't't,ai
O'Clock \. ~ the property Do faI q, Ia
Decree described ano therein directed I" ~
sold. to-wlt: The property SUBJECT u" 80
First Mortgage of The cincinnati l'' 80
and lronton Railroad Company az. ,,
property subject 90 thc pure. 1" ,f,'.',,.. az
Mortgage ana 90 tne General Moi't'-e "'
the Railway Company 1.
brief description % thc property TO DC
sold az said sale 81, as follows.
A. The property subject io fiiei Moi 1 t,on
NJ rho Cincinnati DAYTON ana lronton ltali-
road COMPANY dated May D. 1921 from .','
The Cincinnati, Dayton and Hontvh -
road Company 20 central 4iHri N"Ii'iqq..
states Mortgage and Trust COMPANY is pro-"
Trustee Hereinafter called the nonion MV'
c.s.,. being the property described Do AIu,,e
'rwcntv-sccond OF said Final Decree io-"l,.
An that portion oi me hue %, ~" ,nI
form.rlv OF Tho Dayton. Fort WAYNE anu
gi'i"aso hallway Company. I'm whole or IN
part within the Counties Of MONTGOMERY
Greene. FGt elite. ltos-. ln''h. '" Nft''
Caiia and Lawrence. ln the stat, on '..-'
berfnuinc at or near the third street ti"-
zion iu DAYTON. Ohio. thence running '' -
sorfhcaetcrly direction through -N'iia "I'4
Jamestown in Greene County, ~ n ruiil,..h
Court House In Fayette County, Ohiiil0o'"l
81, Ross County. Ainton County, over ln'
line OF railway belonging 60 the iallihu'e
and Ohio Southwestern railroad '"I"i"",
a distance Of about seven ana oh'-H",'
miles under a temporary contract OIL I'N''',
through Jackson County 60 Welalo" iI
said county. through Gala County alI
Lawrence County 20 tho Town or Dean
in said last-namoi county twth a coIh'C
tlon at said point with the IRON N"H-
road Company running % lrouton. over
Yhich line 20 Ironton 20 had on NAY J.,
1891. a temporary rental CONTRACT, lo6-,'
with an property Of corporate hatulc "a
ownership OF every kind heloneing 10 sall
Tine DAYTON Fort Wayne and Chicabo
Railway Company. owned or USED Dy 49,
Company In constructing, itH"ti"N va
oDcrating SIS road. including an piupeIt''
zeal and personal together win an t.e
rolling stock equipments. locomotive az
any time owned or acquired by IL OF ~
constituent companies or predecessor lol
constructing. ronairine' operating. Ispl sS,
Ing or maintaining the portion OF falI I9s1
70 conveyed. and all its real estate fbhlS
OF way. roadbeds and the entire supe-
str.cture, thereof and track 40 any uIN'
placed thereon. ana all stations, depoiH'
shOu! yards AMI other grounds ~ any
time used in connection herewith lhcluu-
inc an grave pits IN Greene. i'oss az
other counties. ard AN steel hud non i""-'
ties railways. silinEs, switches, tTLih,7'
frclght-hOuscs. car AMI engine houses
machine shops and all otnti huHC's' y;
buildings and fixtures Whalsoef en- anu ~
tools implements. machinery. ltfi' AniHl
lure. fixtures. materials ana supplies OF
the said The Dayton, Fort wayne anu
Chicago Railwav Company at any time
owned or acquired hv IL or its constituent
companies or predecessors Tor consructlh-'
repairing. operating. replacing or main
tanning the portion Of ihe Ioad 20 GU
v.vcd. also an the rights formerly "
longing 20 The Dayton, Fort wayne ana
Chicago Railway Company uhHef W.
Aforesaid permanent or temporary rehta,
contracts 20 run over tne' said INES GA
railroads hcrenbeiore referred 10; also a"
the rights franchises. privileges, imlnunl-
ties and easements. and all leases. lease
holds rights Of use Of other RAILROADS.
aforeeaid formerly belonging TO the SAID
Tho payton. Fort Wayne and chicago
Railway Company and its Constituent com
NAMES including all corporate franchises
connected with the line OF tailWay ana
property conveyed by the lronton Mort
rape or any branches OF extensions
thereof and also all rights, privileges ana
franchises, lands. rOsdheds. rights OF way,
branches, extensions betteEments' improve
ineuts, building. structures sW!l,nts'
rails ties, bridges, fences, turn-tauies'
locomotives cars. machinery, equipment,
supplies and all other property 81 what
ever nature raj or personal, az any time
or times since Nav !. 1881. acquired OF
owned bv SAID The Cincinnati DAYTON ana
Irontou Railroad Company Including
branch lire from Welston 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 t2-i9 IN the name
Of ". and 4. Lewis. beginning at a stake
la shawnee River. near Tbs Columbus and
Xenia Railroad. and IN the centre Of Morris
Street. at a take about seventy three go
feet from and In the east
aoutment Of the railroad bridge over said
run. thence up said run south seventeen
90 degrees thirty (30 minutes, east two
hundred and ninety-seven i.+D feet. 20
stake in said run ana IN the centre Of
Williams Street: thence with the centre Of
Williams Street north elghty-oue fNlJ de-
grees west one hundred and hfty Q5O)
feet, 20 the centre OF Pelham street. near
the mineral spring: thence with the centre
Of said street north thiriy-threc t35l de-
grees, west one hundred ana twenty seven
O20 feet. 10 a stake IN the Wilmington
road: thence with the said road. north
sixteen ana one-half lbizl degrees, east
one hundred and nineiy-seven $50 feet.
20 a stake al the centre Of and al the
end OF Main Street: thence with The centre
Of said street. north one Cd degree eighty
eight ND feet. 10 the beginning. contain
ing about a2-iG0 acres In Greene County
and City Of Nenia.
Also the real estate IN the City 81 Xenia.
Greene County. Ohio. purchased by The
DAYTON and lront0n Railway Company from
Lester Arnold by deed ~ date az May 2lst,
1851. and recorded In Greene county, ohio,
~ IT, 70 M
and which is specially covered bv the mort
gage Of Lester Arnold. containing &-lOD
acres.
Together with the revcrsions. rcmainders.
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 ana
lronton Railroad Company Of. in and TO
said premises. and every part thereof, with
the appurtenances.
b. The property subject 20 tho First and
Refunding Mortgage Of the Railway Com
Company. as trustee hereinafter called the
First ana Refunding Mortgage. and to the
General Mortgage Of the Railway Company,
dated July /. 1903. 10 Central Trust Company
OF New York. as trustee hereinafter called
the General MOTgagcl. being the property
described In Article Twenty-third Of said
Final Decree, to-wit:
]. The properties adiudged by said Final
Decree 10 be embraced IN the Ironton
Mortgage and described in Article Twenty
second OF said Final Decree.
IL. The properties embraced In the First
Mortgage Of The Cincinnati. Dayton ana
Chicago Railroad Company. TO Continental
Trust Company of the city Of New York.
as trustee. dated April /. 1892, being the
following.
All that portion OF the lire Of railway
formerly belonging 90 The DAYTON. Fort
Wayne g. Chicago Railway Company Sit
ustcd In the cOIntei Of Allen. Van Vert
Mercer. Darkc. Miami and Montgomery. in
the State Of Ohio. and beginning at Delphos
In Allen County and running in a southerly
direction through Spenceryille in said Amen
County, Van Vert County. Mercer and
Cclina I'm Mercer County. Versailles In
Darke County. CovinEton and West Milton
IN Miami County. Saltwater Junction and
DAYTON in Montgomery County. 20 the SAID
IL II