The New York herald., 1921-08-31
LEGAL NOTICES.

SUPREME COURT OF NEW YORK. NEW
ALBERT A. JACKSON. GEORGE p. BAR.
STOW, JR., HERMAN d. KOUNTZE and
JOHN F. b. MITCHELL. Plaintiffs. against
IN THE CITY OF NEW YORK. and others.
Defendants. County Clerks Index No. 32362-
1919.
Notice is hereby given that pursuant TO .
judgment of foreclosure and sale duly made
and entered in the above-entitled action and
bearing, date the 29th day OF June, 1871. !.
the undersigned, the Referee in said juds-
ment named. will sell at public auction, at
the Exchange Sales Room. No. IA Vesey
IN and State OF New SI on the ii
day OF September, 1921, at IL o'clock noons
on that day, the property. premises. rights.
interests and franchises directed by said
judgment to be sold and therein described.
TO which judgment now on file In the ofnce
of the Clerk of the County Of New York.
lar description. In accordance with the pro.
visions of said judgment. brief general
description OF the property to be sold Is as
~ All that lot. plot and parcel of land In
the Borough OF Manhattan. City of New
York. with the building thereon situate. and
Its appurtenances. bounded on the north by
91th Street, on the south by 96th Street. on
the east by First Avenue. and on the west
ny Second Avenue. subject to the terms ana
1921. between the Receiver of the Second
Avenue Railroad Company In the City OF
New York and the New York g. Harlem
Railroad Company, relating to the use by
said New York & Harlem Railroad Company
Of portion of the car house upon said tract
OF land. a copy of which agreement Is an
nexed to the petition OF Charles E. Chalmers.
verified April 20. 1921, as Schedule A, res
cited In and filed with an order Of this Court
In this action, entered in the office OF the
Clerk of the County of New York on the 11th
day of May. 1921.
CD All the right, title and interest OF the
Second Avenue Railroad Company in the City
OF New York. and OF the Receiver In this
action. In and to the railroads. railroad
equipment. contracts. and contract rights.
and other property. Of every nature and de.
scription whatsoever. comprising the rail
road Company and operated by its Receiver.
subject to an agreement dated April 16. 1921.
covering trackage rights. &C.. more particu-
OF this Court entered May IL. 1921. in this
action.
Including approximately 22.o55 miles OF
single track and substructures in the City
OF New York along the routes described In
the franchises Of said Railroad Company.
approximately 1000 900 duct feet OF UNDER
ground conduits along said routes: 4t2 man.
holes and handhoes along said track. 24O OO1
feet OF cable; switches and cross-overs 10.
Gated at the various places mentioned In
said Judgment franchises, grants and or
ders the property OF said Railroad Company
pursuant to which It Is being operated:
rights IN ana TO contracts with other rail-
roads and receivers Of other railroads for
joint use OF tracks, exchange OF facilities.
&c, All the rolling stock OF every kind. tools.
possession OF tho Receiver at the time OF
sale; al property OF every nature and de.
scription belonging to said railroad. or its
Receiver. including rightr to all unex.
pended balances OF the proceeds OF Insurance.
upon rolling stock or other personal property
unexpended balances of any special funds or
reserves In the hands OF the Receiver at the
time of the sale. except such cash In hand
chooses IN action BOOKS. records. vouchers
ana other documents may be necessary
TO enable the Receiver to prepare his &C.
counts and perform his duties as such
inc property TO be sold may be inspected
by intending bidders subject TO regulations
10 be prescribed by the Receiver. to whom
application for leave TO inspect ehould bs
made.
An inventory OF articles Of personal nron.
erty TO be sold In excess Of the value of
800 Is on file in the office OF the County
Clerk Of New York County
The terms and conditions OF the sale ars
as follows.
said sale 70 be conducted and made ac.
cording TO the provisions Of said Judgment
above mentioned and subject 10 confirm alton
BY said Court. and to satisfy the amounts
due and to become due as In said judgment
provided for principal and interest and the
several sums therein allowed to be paid, or
upon such sale.
Unless the Court shall otherwise direct as
In said judgment provided, no bids viii be
received from any bidder who shall not first
deposit with the undersigned as Referee. One
hundred thousand dollars. either Ia cash or 4
check certified by a national or State bank
or trust ccsnpnny situated IN the City OF New
sSths vi fttttfNeT ctrtifiCatc3 IN the prin~
cipai amount of said sum. which, unless IL
negotiable form and payable to bearer shall
be duly endorsed and assigned In blank Ths
cash. checks or securities deposited by ary
unsuccessful bidder win be returned az ths
conclusion OF the sale. The cash. checks or
securities deposited by any bidder who shall
not make good his bid. shall be forfeited AZ
in said Judgment provided. In event any sue
cessfu bidder shall fail to make good nj.
bid, the Court may direct a resale of ina
properly and the bidder shall be liable for All
expenses thereof and any deficiency OF nrirs
realized thereon. Any party 10 this action
may purchase at the sale and any purrhascr
may satisfy the balance OF his bid abov,
the sum required to be pad in cash IN
whole or IN part by delivering to tho under.
signed rs Referee. receivers certffcates a.
indebtedness In the manner and TO the ex.
tent as In said Judgment provided
Upon the confirmation OF said sale the ~.
dersigned as Referee, Joined by the Recalver
Of said Railroad Company, Is 10 make cx~.
cute and deliver proper Instruments of con-
veyance. assignment and transfer or satd
properties 10 the purchaser or purchasers.
freed from all liens except taxes moi sns'
officially directed TO be paid BY the Referpe
all as provided In said Judgment 20 whiei,
reference Is hereby made for greater pa ria.
uarity.
Dated. New York. August 1, 1921
JOHN @. CLARK
The following T. diagram OF the real
property 70 be sold.
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