New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-17
MASTERS SALE

not be sold as an entirety. the purchaser OF
the parcel provided for In subdivision 10, Of
Article NXkI OF said Final Decree being
the parcel described in subdivision fp of
Paragraph V hereof as part 81 the consid-
GRAFTON for said property and as part OF the
purchase price thereof and in addition TO
the sums bid by him ana elsewhere IN said
Final Decree required 10 Re paid bv him.
shall take such property ami receive the
deeds or 9th instruments of conveyance
and transfer thereof upon the express cOndi-
ton that he or his successors or assigns
shall pay satisfy and discharge anv unpaid
Indebtedness and liabilities Of the Receivers
81 The cincinnati, Hamilton and Dayton
Railway Company Except taxes and assess
ments as aforesaid incurred in the manage
mcnt and operation OF the property subject
10 the First Mortgage. TO the extent that
they shall not have been paid out Of moneys
In the possession Of said Receivers including
moneys received by them after surrender %
possession OF said property. but arising from
the prior management and operation thereof
The amounts 20 be paid under said Article
Xxx. unless agreed upon by the parties in
interest. shall be fixed ana adIudgci by said
Court. and said Court reserves the right and
retains the power and jurisdiction so 70 DO.
and the right power and fur Sction 20 tax
back and resell any property'that shall he
sold under said Final Decree in case am
purchaser or his or It's successors or assigns
shall fail 70 pay any of the obligations men
days after service OF an order Of said Court
requiring said payment or II an appeal he
taken from any Slcn order. within twenty
days after service Of written notice OF final
confirmation 81 such order upon appeal
In the event that any purchaser after do
mand made shall refuse 20 pay any u tho
above mentioned obligations which under tho
foregoing provisions Of said Article Xxx
he f. or may be required to nav tho uereop
TO whom the same may be due. upon twenty
days notice TO such purchaser. may file a
petition in said Court 20 have the same
enforced against the property sold 10 such
purchaser, In accordance with the usual
practice OF said Court IN relation 10 paw
ments OF a similar character: and such pur.
chaser shall have the right 10 appear and
make defense 90 any claim. debt or demand
or the priority thereof so sought 10 be en-
forced.
X. Article XXXI Of said Final Decree
provides that the Receivers OF The Cincin-
matt. Hamilton and Dayton Railway Com
pany 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 Indebtedness
Liabilities, contracts and leases
Any purchaser and his SUCCESSORS or as
signs shall have the right FOR the neriod q,
SIX months after the delivery OF the special
Masters deed, to elect whether ~ 40, -,
assume or TO adopt as part OF the property
embraced In such deed any lease or confrac,
made by The Cincinnati. Hamilton an, nav
ton kaiiway company appertaining to the
chaser. his successors or assigns shall la
held not TO have assumed or 10 have alo. ta4
any lease or contract IN respect Of which he
or they snail not have FLED written cleo
ton to assume or 20 adopt the same with
the clerk OF said Court within said rerlog -
six months or within such additional pertoI
os said Court may thereafter by its order
Or decree permit.
Any purchaser and his successor, n, "a.
signs shall nave the right 20 .iccf nos "a
take or accept any part Of the pfOperfy
struck or 10 him. by written notice ~ "a
special at anu 81.
me execution and delivery OF tho dses' q,
Instruments OF transfer from the Snoc,,i
Master. 40 such election By any purcbaes-
his successors or asslgns shall di,utrt.e ~
anect the purchase price Of the property
NJ Upon confirmation OF sale end the
payment ~ the purchase price ~ any our.
eha-er. % successors or assigns. or upon
making such provision Tor the psvrr.ot
thereof as said Court may approve ia. ste-
clal Master making the sale shah execute
10 6pch purchaser. his SUCCESSORS or a..l.,n.
a pF'l or Heels OF other proper Instruments
conveying. Assigning and Transferring thp
property sold 90 such purchaser teNcef,f st,rb
lait ihefeof. it any. as suCn purchaser ala
su''fss"Is or ass. sns SHAH have elected MOI
10 TAR" 90 accordance Hi'h the -oals isn- In
such respect contained 90 Arirls NNNT n,
SAID Final Decree, and upon the pfodarfion
OF surh deed or tfhds and Assignments "a
Transfers or "A cprtifei cory or eunies tI'a~,.-i
TIE grantee " grantees therein named shall
he let into the possession ~ tho pfot.srty so
conveyed or transferred The purshass, 81.
h4tlfsNptt ana assigns. shall after slfrh a.
livery or possession mold. possess and en- los
the properly conveyed and transferred nnd
every lart and parcel thereof free ffom the
trust ana lien Imposed thereon by the First
Mortgage. I'D free from amy Claim rtrh,
iui"fest 0r equity o. redcinrflon o. In ~ n,
The same ~ or OF The Cincinnati IIamll,on
and DAYTON Railway Company. iia successors
ana assigns. ani hy a. 81 the crcdifors an
stockholders ~ sali Railway Company ani
by or az any rarty 10 THE cause. aud nlI paf.
sons. partnerships ana corporal ions claiming
iy under or through said Halfway 1cnipany
IT, creditors or its stock Tho lers or any
party 90 THIS cause subject nevertheless %
The condition thht the Court may rc-take and
resell tho property conveyed or transferred
IN case huch purc hascf. bis auccc ssors or
assigns. shall fail within the time limited
to pay any balance Of the purchase rfics
remaining unpaid.
XII By said Final Decree an questions
not disposed OF bN said Final Decree arc
reserved Tor future ADJUDICATION
For further particulars reference ~ hereby
made 90 sai1 Final Decree and TO the record
Of testimony IN the above mentioned cause
N file ~ The ofice OF the Clerk % The Dis
Uict Court OF the United sia;es for the
Western Division OF the Southern District OF
Onto
Dated April 20. 1917
AARON 4 FERRIS.
Special Master
I09 Mercantile Library Building.
Cincinnati. Ohio
SQUIRE, SANDERS & DEMPSEY. Leader
News Building Cleveland, Ohio.
ALFRED a. COOK
Ill broadway. New York City.
solicitors for Plaintiff The New York