New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-25
MASTERS SALE


AiSo ,uch other stocks securities or prop
eftv "a said RAILWAY Company may TO"
time TO iin.c ov Implement or sppplenl' n.s
90 said FRS. arc Refgndlng MorteaEe -.
said General Mortgag. have MADE suDl.,,'
90 the lien and TO the rms ana p'o''
also All otter property. zeal and rersonaii'
a. any time acquired by and '9r 20 h1ri.
wsv company with FIRST and hfShunlh
Bonds or General Bonds. " With thr pro
ceeds Of tn sale - any ~ said bonds. 49,.
For more particular description % ~
property 20 lie sold reference IS hereby ns.s
TO SAID Fina nec'ee and 70 the repoit y,
the Special Master fled with the tlets vi
said Court April 90. 1917, mentioned III
Article TNenty-third or said Final Decree,
A. more fully provided by said flnsl D'
cree. 20 which reference IL hereby nfoe;
First. Said sale vii he made without
valuation. appraisement. redemption :" eN
tension
Second The Special Master may adjourn
o. postpone said sale from time 20 time. ana
may without further notice OF adNeTts.-
ment proceed with the sale on nny gay \"
which the same may have been 80 anjou,hsu;
Third. Any party 10 said 'ohsolloh'ei
Cause. or any constituent cause or any
holder OF Five Per Cent. First Mortgage no'u
Bonds Of Tho Cincinnati. Dayton and lion1oh
Railroad Company. or ot FIRST ana "
funding Mortgage - 50-Near Gold b)n14
or ~ General Mortgage Gold Bonds OF Ins
Railway Company or any stocknoLosr VI 80
Railway Company. may bid at such rsIe, anu
II a successful bidder. may purchase IN MS
It's or their own right.
Fourth. said property. whether sold az IN
entirety or In parcels. shall, N 30 fer az tne
lien OF any Of the instruments specified IN
Article Third Of said Final Decree .oV.Ls
any Of said property. be sold subject 10 inc
Z lien OF such instruments.
Fifth said sale VIII DO made in the FOL
loving manner. and all bids for any parcel or
sub-parcel In which any OF the property TO be
sold NAV be offered Will be received anu
noted Only on condition that such parcel OF
sub-parcel NAV he subsequently offered az 81
this paragraph provided:
J. The Special Master viii first offer for
sale as an entirety. all the property adludgtd
b, said Final Decree 20 he embraced ~
either the IroB:on Mortgage or the First ana
Refundins Mortgage or the General MOTT
gage. and viii note the highest hd 'n'.'lo.'
II. The Special Master unless the prop
ertv embraced in ,he First Mortgage OF Tue
cincinnati. Dayton and Chicago EaIlroau
Company (beluG the property uescilned W
paragraph II 81 Article Twenty-thlTd or sslo
Flnal Decree and in subdivision II Of clause
y OF the foregoing brief description shdl
previously have been sold In enforcement ol
said First Mortgage. will next offer Tor sals
that part % the property embraced In tho
First and Refund'lg Mortgage and the Gen,
ersl Mortgage which is also embraced IN sdid
First Mortgage, IN the following mahnef'
(o) ne Special Master will offer TOT
sale separately and as an entirety. all SAID
property embraced in said First Mortgage
and vii. note the highest bid therefor.
90 The Special Master VIII next oner
following property;
All that portion Of the line OF railway
formerly belonging 70 The Dayton. Fort
Wayne & Chicago Railway Company, sl,-
uated in the Counties Of Allen Van Vert
Mercer. Darl.c. Miami ana Montgomery IN
Tie state OF ohio. and beginning at Del
rhos IN Alls- County and running In
sou,herlv direct on through speneeryllle
iu said Ale. County. Van Vert County
Mercer and Celind In Mercer County.
Versailles in Darle county. CoyiDetcn
and. West Milton in Miami County. TO
poiat on said line designated as survey
station ~ y about LOO feet northwest
o. the roint where the line OF railway
embraced In said First Mortgage OF The
Cincinnati. Dayton and Chicago KailTosd
Pitsburg. Cincinnati. chicago and -.
Louis Railway Company at or near stu
water Junction In said MONTGOMERY
county and all real estate acquired for
use in connection herewith: AMI an
rights Of way. ioad-beds and the entire
superstructures thereof and track AT any
time placed thereon. and all stations.
depots. shops. Yards and other grounds at
any time used In connection theTewiih
and located thereon; and all steel and
iron rails. ties. railways sidinss'
switches. bridges. fences. turntables.
water tanks. Viaducts. freight houses
car and engine houses. machine shops
and all other structures. buildings and
fixtures whatsoever. acquired Tor use IN
constructing. repairing, operating. replac-
ing and maintaining said portion or SAID
Inc OF railway. and located thereon; also
all the rights, franchises. privileges. I'M
mur!ties and easements, and all leases
and leaseholds including ali corporate
franchises connected with said portion
Of said line OF railway: all the properly
included IN this subdivision 90 being
north OF said point on said line Of rail-
wav designated Survey station - II.
The real estate acquired for use In con-
nection with that part OF sad property m
Guided in this subdivision 90 of this
clause II includes the real estate embraced
in the seventeen deeds described In para
graph II Of Article Twenty OF said
Final Decree.
The Special Master will note tn. highes:
bid therefor.
tc) The Special Master will next oGer
for sale separately and as an entirety, All
the remainde- Of that part Of the property
embraced in the First and RefundinE
Mortgage and the General Mortgage which
is also embraced In said First Mortgage Of
The Cincinnati Dayton and Chicago Rail
road Company. and Will note the highest
bid therefor
The real estate acquired for use in con-
nection with that part 81 said property In
Guided IN this subdivision Co Of this
clause II includes the real estate embraced
in the deed dated February II. 1899 from
q. Soehner and !. Dlster TO the Railway
Company. recorded in the Office OF the Re-
corder 81 Montgomery County. Ohio. In
Book 300 at page 81.
II the highest bid received FOR all said
property embraced In said First Mortgage Of
The Cincinnati, Dayton and Chicago Rail
road Company when offered for sale as an
entirety as provided I'm subdivision (d) OF
this clause II shall equal or exceed the az
rregate Of the several highest bids for said
property when offered for sale In sub parcels.
a. IN subdivision tbJ and subdivision co OF
this clause II provided then the Special Mas.
ter will cancel the pids noted for said two
sub parcels and note only the highest bid for
~ 10 property az an entirety. II. however. the
highest bid received and noted for said prop
Hi~fss = Ha 10 a r
grcrste amount Of the highest bids for said
property when offered in said two sub-par-
cells. then The Special Master VIII cancel the
bid noted for said property AZ an entirety
snd will note only the highest bids for said
two sub reels.
II one Of the sub-parcels provided for IN
subdivision 6b) and subdivision Co OF this
clause III shall previously have been sold in
enforcement OF said First Mortgage OF The
Cincinnati. Dayton and Chicago Railroad
Company. hut the other OF such sub-parceis
shall not have been 20 previously sold, then
the Special Master will offer for sale that
one Of said sub parcels which shall not have
been sold. and will note the highest BID
therefor.
III The Special Master will rcx, OFFER for
sale the property adjudged by said Final De
cree to be embraced in the lronion Mortgage
being the property described in Article
Twenty-second Of said Final Decree and in
clause 4 OF the foregoing brief description,
ia the following manner:
ta) The Special 1as;er viii first offer
for sale as an entirety, all the property ad-
judged by raid Final Decree TO he en-
braced In the ;ronton Mortgage. and viii
note the highest bid therefor.
10 The Special Master Will reXt offer
for sale. separately and as an entirety,
the following property:
All that portion OF the line OF railway
formerly OF The Dayton. Fort Wayne
and Chicago Railway Company. begin
ming at connection with the line Of
railway Of The Detroit. Toledo and Iron.
ton Halfway Company, AZ or near Dean
in Lawrence County. State OF Ohio
thence through the town OF Gsilia In
Callla County. In said state. 10 point
on said ZINE Of railway where II inter
sects the easterly line Of the right Of way
~ the line Of railway Of The Baltimore
Dol