Richmond Palladium (Daily), Volume 35, Number 225, 21 June 1910 — Page 6

PAGE SIX

THIS BlUUMOXD PALXADIU3I A5D T5UXTELEGEAM, TUESDAY, JUNE 21, 1910.

Afeivs of Surrounding Towns

HAGERSTOWN, IND. Hagerstown, Ind., June 21. Mr. and Mrs. Chas. Horine spent over Sunday at Richmond. Mr. and Mrs. Arthur Burgess and children spent Sunday with her parents, Mr. and Mrs. Staunim. Mrs. Glen Bavender and two child

ren of Shirley were guests of Mr. Bavender's parents, Saturday night and Sunday. Mr. and Mrs. Fred Smith entertained Sunday Mr. and Mrs. Hollace Hoover and Mr. and Mrs. Clifford Foutz. Earl Harold of Greenfield is visiting with his nnble Joe Stonecipher and wife. Mrs. John Replogle and children spent Monday with Henry Replogle. Mr. and Mrs. W. O. Jones and daughters and M. T. Fox were guests Sunday of Mr. and Mrs. C. M. Miller at Anderson. The Clark family on South Washington street, entertained several friends from Splceland Sunday. Mrs. Tbos. Best and sons of Winchester are visiting with her parents Wm. Mathews and wife. Mrs. Mary Ann Thornburg, son and daughter entertained Sunday Mr. and Mrs. Hugh Allen and son. Miss Katherine Gohring and father VoJIey Gohring were guests of Mr. and Mrs. Xenophon Gohring at New Castle Sunday and Monday. Master Lothalr Thompson of New Castle Is visiting with his grand parents, Mr. and Mrs. Chas. Keys. Mr. and Mrs. John Replogle and Mr. and Mrs. Frank Petro and family spent Sunday with Mr. and Mrs. Monroe Sherry. Wesley Sells and family of New Castle and John Sells and family spent Sunday with David Sells and wife at Olive Branch. Mr. and Mrs. H. C. Teetor and Mr. and Mrs. John Harris were at Dayton Sunday. Mrs. Robert Coleman, nee Miss Fanny Mathews of Los Angeles, Cal., is expected this week to spend a month with hex parents.

guests of Mr. and Mrs. Wi A. Crleta Sunday. Miss Margaret Shuttleworth has returned after a visit with her sister, Mrs. Carver Murray, of Muncie. J. E. Miller, transacted business In Greenville, Ohio, Saturday. Mrs. T. EX Frazer spent Sunday with her sister, Mrs. James Clemens, of Williamsburg.

Miss Iva Herbert, of Dublin, spent

Sunday with Mrs. Webber, north of this place.

Miss Lucile and Master Malcom

Hewitt, of Muncie, are the guests of the Misses Shuttleworth.

Miss Wayne Metts, of New Castle,

spent Sunday at her home in this

place.'

James Barefoot has returned to Cow

an, after several days visit with, his

grandmother, Mrs. Barbara Barefoot, and other relatives.

Born, Friday, into the home of Mr.

and Mrs. Charles Miller, a daughter,

Virginia; weight, eight and one-half

pounds.

Mr. and Mrs. Cates, of New Castle,

were , visitors in the home of Dr. J R. Littell, Sunday.

Hush Morris scent Sunday with

friends in Hagerstown.

Mr. and Mrs. M. L. Bowmaster en

tertained the following guests, Sunday:

Miss Nellie Black, of Des Moines, Iowa,

teacher of French and Spanish in

Drake University; Mrs. Robert Heaton,

Waite Heaton,. the MisseB Helen and

Alice Heaton, of Knightstown. Miss

Alice Heaton and Miss Nellie Black left Cambridge City Sunday afternoon for New York, from which port they will sail for Europe. The young la

dies will spend the Bummer at the Beashore, and will go to Paris in the au

tumn for an Indefinite stay.

P

CAMBRIDGE CITY. IND.

. Cambridge City, Ind., June 21. Earl Chamness attended the Alumni banquet at Eaxlham last Thursday evening. The Social Union will meet at the horn of Mrs. Charles Hageman Tuesday afternoon.' Mrs. I. N. Falls and grand daughter Miss Thelma Rummel were visitors In Richmond the latter part of the week. A meeting of the Good Citizenship leageu of western Wayne county will be held In the Presbyterian church, Friday afternoon, July first. Topics

of vital Interest to all residents of western Wayne county will be discuss

ed.

Mrs. George Doll of Marlon Is the

guest of Mrs. George Drlschel,

Charles T. Gough. one of the oldest citizens of Cambridge City, in point of residence, died early Sunday morning at the home of his cousin,

Mrs. Thomas Myers of Muncie, where

be went a few days ago. The remains

will be brought to Cambridge City. The funeral will be held at two

o'clock Tuesday afternoon at the home of his son A. B. Gough. Just north

of town. Rev. George Guichard will

have charge of the service. Interment in Riverside cemetery. The de

ceased was born In Butler, Ohio, No

vember, 1821, but has lived in Cam

bridge City, the greater part of his life. He had been a member of the

Presbyterian church since 1864 and

was, perhaps one of tie oldest Masons

in this part of the state. Four children survive him, Mrs. Ophelia G

Shults, Miss Alice Gough and A. B.

Gough of Cambridge City and W. A.

Gough of Oklahoma.

Miss Blanch Pattison spent Sun

day with friends In Bentonville.

Mrs. Rudolph Miller and children

have returned to their home In Cin

cinnati, after some time spent with

her mother. Mrs. J. E. Brooks. She

was accompanied home by her sister,

Miss Bessie Brooks, who will remain

until after the Fourth.

The members of the Martha Wash

lngton club of Dublin entertained the

Helen Hunt club of Cambridge City

the Cary club of Milton and the Home

Makers club at the beautiful h omeof Makers club, at the beautiful home of

Mrs. T. F. Bales of Mt Auburn Fri day afternoon. The hostess, the presi

dent of the club, in a pleasing man

ner, welcomed the guests to her home,

after which, Mrs. Waggoner a talented

reader or Knightstown, gave a pro

gram Of her own productions, inter

spersed by musical numbers from

various members of the club.

Toast to Clubs," The Universal Creed

and The Mother Group, were especial

ly pleasing.

After the program followed a social

hour and the serving of a pretty

lunch, which was in the hands of

committee. The house was prettily decorated with red and white peonies

and bunting in the national colors.

Mrs. Lizzie Ballenger of Concord

Cal., and well known in this vicinity, while chaperoning a crowd of students In that city a few days . ago,

slipped and fell, breaking her right

arm. She was Just recovering after having broken the left arm. At last

reports, she was improving slowly.

Mrs. George Calloway most pleasantly entertained a company of thirty

ladies Friday afternoon in honor of her guest, Mrs. Edward Selvage of

Anderson.

The members of. the Epworth league will hold a social at the home of Miss Julia Boyd Tuesday evening. Instead of at the home of Mr. and Mrs. Charles Hageman as previously announc-

.. ed.

Dr. and Mrs. Calloway of Greenfield were the guests of Mr. and Mrs. O. L.

Calloway, Sunday. They were enroute

to James Lake where they will spend

.-.the summer,' v-

' Joseph Hurst and family, of Center-

ville, spent Sunday with Mrs. Celeste

Bond.

Mr. and Mrs. Barry Morris were the

Herman, Miss Edith Haana, of Dayton, I Judson and running parallel to the

and Mr. Harry Bonn. I Panhandle Railroad to English Lake.

Mr. and Mrs. Shukie ana iamuy in Starke County, Indiana; thence

were guests of Mr. and Mrs. Earl Bran-1 crossing the Kankakee River St that

denburg Sunday. (point into Laporte County, Indiana;

Mrs. .Anthony, ol coiumDus. wnoi thence through La Crosse. Laoorte

has been at her brothers' Mr. and Mrs. I County, Indiana, it crosses Porter George Kneible. returned home Sun-1 County through the Town of Beatrice.

day. Her husband, Mr. Anthony, Indiana; thence in a general northspent Sunday here and accompanied westerly direction to the Town of

her home. Griffiths, in the County of Lake. Indi-

Mrs. James Kutn deiignuuny en- ana; thence in a northerly direction

tertained the graduating class of 1909 paralleling the Chicago & Erie Railat her country home south of town. road through the Town of Hiehlands

The class was composed oi enisa uims to the soutn side of the Clty of Ham.

Holier, Kutn Murray, wee samue, mond: thence crossing the "Mnnon"

Mr. Harry McPherson, Willie Glenn, Ranroad and proceeding in an almost

Raymond bours ana ueorge b-uui, westerly direction to a noint in the

Cincinnati. Citv of Hammond on the Indiana and

Mr. and Mrs. George Fortney attend- I,,..-,- ... ,aVir,, 4 n

ed a surprise on Mir. Fortneys father u f ... t. vnTW,r4M,

at Ingomar Sunday. sixty-one and six-tenths f26in miles

Airs, conurst, oi wajuju, i uo n (llo r

Visiting Mrs. ,ua COX wu wCC. I other railroads under the leae anH

Mr. ana Mrs. Aioeix uaugmcry

ECONOMY, IND.

Economy, Ind., June 21. Huron H.

Smith, of Chicago and Miss Ethel

Clark of Pendleton, were married at

the latter's home, June 15th. Mr.

Smith is a Winchester man and after

finishing high school at his home town

he attended Depauw and Cornell. Mr,

Smith was chosen out of 12 applicants

for the botanical department of the

Field Museum, Chicago and was back

ed by the faculty of Cornell. He is

master of seven languages. Mr. and

Mrs. Smith were the guests of N. H.

Edwards last Friday afternoon and in

the evening they left for Chicago,

from there they will spend their hon

eymoon along the Pacific coast From

some Pacific seaport city they will sail for a few months in Japan. Mrs. Smith is a graduate of Depauw and

is noted for her beautiful china paint

ing. There were 150 guests at the we-d ding, which was solemnized by the pretty ring ceremony. Eighty useful and beautiful wedding presentes were

received by the happy couple

Miss Vera Fleming who has been

studying violin music at Indianapolis the past several weeks, arrived home

Friday evening to spend the summer

here.

Several from here were in Rich

mond Saturday visiting, shopping and

transacting legal business.

Mr. and Mrs. Dick Ulry spent Sat

urday and Sunday in Richmond and

returned here Sunday evening.

Mrs. Edna Replogle and children,

Charles and Ruth were visiting Mr.

and Mrs. Jack Cunningham of Rich

mond over Sunday.

Mr. and Mrs. Frank Underhill and

children of Greensfork and Mrs. Eliz

abeth Potter were night visitors of

the Hiatts recently.

Miss Lizzie Replogle worked In ecn-

tral office Sunday for Miss Ida Lamb.

-Mr. and Mrs. Oliver Knode, Harry

Thornburg and others of Richmond,

arrived here bright and early to be the guests of Mr. and Mrs. George Cook. The men folks were anxious to

get to the creek to tease the finny

tribe in the notion of taking bait.

There are some Richmond parties

camping in the Ballenger park north

of town

Lon Edwards made his regular Sun

day trip to Muncie Sunday morning

and came back in the evening.

Ezra Fraiser made a hurried trip to

family took Sunday dinner with Mr.

and Mrs. David McKee, of Eldorado.

Mr. and, Mrs. Harry Christman and

agreements hereinafter mentioned, to

the City of Chicago; together with the

roadbed, superstructure and right of

iamuy ui iiwr I ARt9t roll a irar.bB )c

Mr. and Mrs. Harry Daugntery were

visitors of Mr. and Mrs. J. H. Daugh-

tery, Sunday.

NOTICE OF SALE OF THE CHICAGO,

CINCINNATI LOUISVILLE RAILROAD.

trial tracks, bridges, viaducts, build . - ...

ings, aepots, station nouses, car

houses, engine houses, shops, ware

houses, turntables, water stations, fences, structures, erections, fixtures

and appurtenances and all other

things of whatever kind thereunto be

longing to said railroad or in anywise

appertaining or which have been acquired or provided for use upon or in connection with said railroad, whether so acquired or provided" by The Chicago, Cincinnati & Louisville Railroad

Notice is hereby given that, pursu

ant to and by virtue of a precept of

sale and a decree of foreclosure and sale made and entered the 12th day

of May, 1910, by the Circuit Court of Company, or by the Receiver in said

the TTnitAH states for the District of bUll8 ana " Ianas acquired or de

. signed for depots, warehouses and

inaiana, m a cermm u " other structures at either terminus, as

said Court wherein George A. ernaia, well as along the line of said railroad, Arthur Raymond and Oliver E, Wil- and also all locomotives, engines, cars,

liams are complainants, and The Chi- and other rolling stock, equipment, cago, Cincinnati and Louisville Rail- machinery, instruments, tools, imple-

road Company and others are defen- menis, materials, furniture, books, and dants. and the Old Colony Trust Com- records of account and other chattels

pany, Trustee, and the American belonging or appertaining thereto, and Tr.inf rnmnanv. Trustee, respectively, all property, both real and personal.

are cross-complainants, and pursuant of every kind and description at any

to niniliarv decrees entered in suits e acquirea ror use upon said rail

htirn the same narties one entered luu wneuier so acquired or held

in the Circuit Court of the United bv tne. said The Chicago, Cincinnati

States, for the Southern District of nouisvme Kauroad Company or by Ohio, Western Division the 14th day the Receiver in said suits; and all the milt. .,. tw in the Circuit corporate rights, privileges and fran-

Court of the United States, for the ch,ses ch the said Railroad CornNorthern District of Illinois, Eastern nay. OT "fid Receiver, hath and Division on the 16th day of May, 1910. can of. in. to upon or in rethe undersigned, Noble C. Butler, as Jfct of the said railroad, or necesthe Special Master appointed by said W for the maintenance or operation decreeTfor the purpose of selling the f0'; or anything belonging or ap-

v0rt. tWAin directed to be sold. r. r

rrvii wn- thereof: and also including all the

eTbidder at"the passenger station of 1"

the Chicaeo. Cincinnati and Louisville r - ...u-u.

noiimoH nomnanv located on the rail- Als of the rolling stocx and

road of said Company at the city of equipment described in Schedule A an-

Richmond. Indiana, near the corner of Mu .luo,rei'ort OI ine &Peciai Tt,.4 v-nrth "TV' Streets in said Master filed in the above entitled

i uu u -- I j; . . , . . ,

Citv on Thursday, the 23rd day of lluo': uu,us 1U e circuit jouit oi June 1910 Tbetween the hours of United States, for the District of J ? . mdlm on April 11th. 1910, reference

in the afternoon, all the property. bein hereby made to said report of rights, privileges and franchises of the Special Master for a more partic-

EnM The Chicaeo. Cincinnati ana ; .oS Dn.

Louisville Railroad Company, ordered ana equipment

md decreed bv said foreclosure de- Also tne following describee real

crees to be sold by the undersigned.

and briefly described as follows:

All of the following described line

estate, to-wit:

The following real estate in Miami

County. Indiana: All those tracts of

Canal and the Wabash River from the

east line of the land known as the

Godlove Conrandt land (said land con

of railroad owned by The Chicago, land situated and lying between the fH-.i...! .nH T-nuisville Railroad South line of the Wabash and Erie

;IUViuuavi Comnanv described substantially as

follows:

t the terminals of said

a r, of Cincinnati, lo- taining about two and one fourth (2)

I aiuuou b v.v - . ,oJj ll i ; .

cated upon the property covered oy " , 6 WCB- ui S21 -ruin gro'una leases held by a t-t of ,

The Chicago, Cincinnati & Louisville " " "'L"-

RaUroad Company and hereafter re- the West ne of poregt

ierrea W, iuuum6 T' Street in th mv f P.n. r.H

i A vonna In Bairt " " " v.v.v.

nonu iuu6 southwardly to the Wabash River, exCity of Cincinnati cepting. however, therefrom a tract in in a northwesterly direction crossing soutnwest corner thereof describ. the tracks of the Baltimore & Ohio fol,owa. Commenclnff at the Southwestern Railroad, the aeveland BOUthwegt corner of 6aid rirt.1nTat Ch1rncn Sr. St. LiOUlS Rail- ... ... ...

' . . , - p tenaing eastwaraiy up tne river one road, and the Oncinnat . Hamilton & hundred and slxty (160) feet; thence

Dayton Kanroaa ana " northwardly and parallel with said hill in the Town of Brighton. State of west Une thirty (30) feet; tnence

Ohio; mence paiuS westwardly and parallel with the Town of Brighton, along Lick Creek Wabash River one hundred and sixty Bottom to the Town of Miami, Ohio; nfi(n fftr to tn .Aat lin.

thence through Fernald, Butler County, southwardly on said west line thirty

Ohio, and thence in a normesinj f30) feet to the vlnce of beeinnins:

direction through said Butler County the tract hereby conveyed containing

to the Indiana and Ohio state line at tnirty (30) acres more or less

Peoria; thence running tnrougn tne Tne following described real estate,

Town of Peoria in a nortnwesteriy situate and being in the County of

Richmond Saturday evening and came, direction about 2 miles to the half Miami and State of Indiana, to-wit:

section line 2& miles west of the said parts of the fractional west half of the

Ohio state line; thence tnrougn northeast quarter and of the fraction-

Springfield and Bath Townships, j ai east half of the northwest quarter

Franklin County, Indiana, and through of Section Thirty-two (32) Township

Union and Harrison Townships, Union Twenty-seven (27) North of Ran

County, Indiana, in an absolutely j Four (4) . East, described as follows:

north direction on said half -section J Beginning at a point on the north line line, going into Boston Township in j of said quarter section 1099.5 feet east

Wayne County, where it leaves the of the northwest corner of eaid east

tangent at Druleys, passing through I half of the Northwest quarter of said

Bath, Cottage. Grove, KitcheU, Witts section, running tnence east 1021 feet and Boston, in the State of Indiana; to the west line of the Catholic Cemethence from Druleys in a northwester- tery; thence south along said west ly direction to the City of Richmond, line 460 feet to the north line of the Indiana; thence through the City of right of way of the Wabash Railroad; Richmond. Indiana: thence in a north- thence northwesterly along said, north

.oteriv direction throueh Webster in right of way line 1050 feet to the east

back Sunday evening.

Will Seagrist and Byram Cole have

been doing cement work in Muncie the past few days.

Mrs. M. G. Duesendschon and sons,

of Indianapolis, were guests of Mr.

and Mrs. Charles Fleming the past two days. Mrs. Duesendschon and

son Wolord, and Mrs. Laura Fleming left Sunday evening for Sturgen Bay, Wisconsin where they will enjoy the lake breezes for the next three months. The two older Duesendschon boys will spend the summer with Char

les Fleming and daughters Lona and

Vera out on .the farm.

Mrs. Luzetta Fennimore and daughter Blanche, left Sunday noon for Muncie where they will visit for a few days. Squire and Mrs. Thomas Fraiser entertained at dinner Sunday, Mrs. Bessie Edwards and daughter Thelma, Mr. and Mrs. Frank Gardner and son Floyd, Louis Kisling and Miss Ruby McCall of Richmond. Mrs. Fraiser said a "Wearry Willie" received a hand out beside the regular company. Dr. Noble of Indianapolis and Dr. Loop of here operated on Miss Edith

Knapp for appendicitis Saturday evening, who lives two miles west of Economy. Miss Knapp came out of

the operation allright and is not com

plaining much only of feeling a little

sore. Harvey Saunders an ex U. S. soldier and Miss Uarda Replogle were quiet

ly married at Richmond Saturday morning. The newly married young people will reside in Muncie, where

Mr. Saunders has a good job.

Mr. and Mrs. S. W. Clark entertain

ed at dinner Sunday, Mrs. Lizzie Toms and daughter. Miss Maud Toms

of Richmond.

NEW PARIS. OHIO.

Webster Township, Williamsburg in Greene Township, and Economy in

Perry Township, in Wayne County, Indiana; thence in a general north-

westerly direction through. Losant-

ville in Randolph County, Blonntsville

in Henry County, and Medford in Dela

ware County, into and through the City of Muncie, . in said Delaware County; thence northwesterly 10 miles

to Gaston, in said Delaware County;

thence in a northerly direction to Fow- j lerton, Grant County, Indiana; thence northwesterly through Jonesboro into

line of the lands of John F. Wilcox

thence north along said east line

418.7 feet to the place of beginning

being all the lands belonging to said

Reilly's lying north of the Wabash Railroad and west of said Catholic

Cemetery in said Section. Also,

right of way 16 feet wide from the east line of above described tract of

land across the south end of the above mentioned Catholic Cemetery to the

east line of said Cemetery, to connect

therewith a road running north and

south.

The following described real estate

New Paris, O., June 21. Mr. and Mrs. Garret Hill entertained at Sunday dinner, Mr. and Mrs. "Herbert

the City of Marion. Grant County In- L State of Indiana, to-

aiana; mence in ' wit: Lots two hundred and ninety-

airecuua, jiaioueiuie ui ,fi .29s and two hundred and

Une, through Sweetzer and Meyer to ninety.six (296) AI D. Toner's Addl-

converse on tne t,rani-uami county to the Town of Rewanna, Fulton

line; tnence in an aimosi nonneny Ctrantyt Indiana.

direction mrougn aania e, m saiai lots numbered two hundred Miami County, to the City of Peru, in j fift y.nine (259) two hundred

mat vouniy; mence in a uurmw tsiei-1 sjxty (260), two hundred sixty-one

ly direction tnrougn Hoovers, m saiaisi), two hundred and sixty-two

Miami County, to the Town of Twelvemile, in Cass County, Indiana; thence to the village of Fulton, ; in ; Fulton

County, Indiana; and thence in a west

erly- direction to ; Kewanna, Fulton

County, Indiana; thence in the same direction through Lawton. Pulaski

(262), two hundred and thirty-two

(232) , two hundred and thirty-three (233) , two hundred and seventy-one

(271) , two hundred and seventy-two (272) , two hundred and ninety-one

(291). and two hundred and ninetytwo (292). in the Town of Kewanna

County, Indiana, to the Town of North 1 in said County and State.

Judson, in Starke County, Indiana; Also, lots numbered seven (7), eight

thence through &he Town of North I fC). nine (9) and ten (10), la Fred

erick Mechenberg's Addition to the Town of North Judson, Starke County,

Indiana.

A part of fractional Section Nine (9), Township One (1), North Range

One (1), in Colerain Township, Ham

ilton County, Ohio, to-wit: Beginning

on the east line of the right of way

now owned by said Railroad Company 500 feet southerly from the north line of said section; thence south 51 deg. east to a point which is 215 feet meas

ured at right angles from the center

line of said railroad, as now surveyed

and located; thence south 39 deg. west 1681 feet more or less to the east line of Lot 3 in the partition of the estate of John Foster, deceased, owned by Michael Schultheis; thence north with the east line of said Lot No. 3, to the

southerly line of the right of way of said Railroad Comnany: thence in a

northeasterly course along said south

erly line to the place of beginning,

containing 9.46 acres. Also, the following real estate, sit

uated in the County of Hamilton, in

the State of Ohio, and being a part of Fractional Section 9, Township 1, Range 1, in Colerain Township, and

bounded and described as follows:

Commencing on the center line of The Chicago, Cincinnati & Louisville Railroad Company at Station No. 133

18.5; thence running along the cen

ter of the main track as now located.

used and operated by said railroad

company, a distance or seven hundred

and seventy-six and four-tenths

(776.4) feet more or less, to a Station

No. 140 95.2 at the intersection of

the center line of said railroad and

the east line of Lot No. 3 of the estate

of John Foster, deceased, or the ex

tension of said east line; thence southerly along said east line or the extension thereof, a distance of six hundred and thirty-five (635) feet, more or less, to a stone at the south corner of a S.46 acre tract, to the property of said railroad company; thence through

an angle of 105 degrees and 24 min

utes left three hundred and ten and

six-tenths (310.6) feet to the place of beginning, excepting a strip fifty (50) feet wide, measured from the center line of said main track and running

parallel thereto, which is now owned by said Railroad Company and used as a right of way; the real estate above described containing one and five-tenths (1.5) acres, more or less, including the gravel taken therefrom by the grantee.

Also, all of the following leases,

franchises and agreements:

(a) A certain ground lease, with

the right to purchase running, from Thorns & Brenneman to The Chicago. Cincinnati and Louisville Railroad

Company, dated December 22nd, 1903,

and covering the following real estate:

All the following described real

estate in the County of Hamilton and

State of Ohio, to-wit: The following

numbered lots on the plat of subdivision of lands made pursuant to order of court in the case wherein Alonzo

W. Anderson was plaintiff and Thom

as Ewing, et. ai. were defendants, said case being numbered 16,163 upon the

appearance docket of the Superior

Court of Cincinnati, said plat being

duly recorded in Plat Book No. 2,

pages 208 and 209 of the Recorder's

Office of Hamilton County, Ohio, viz

Lots 225, 526, 227, 228, 229, 230, 231, 232, 233, 234, 241, 242, 243, 244, 245,

246. 253, 254, 255, 256. 257, 299, 300.

301, 302, 303, 304, 311, 212. 313, 314,

315, 316, 317. 318, 319. 320. fifteen feet

off the west side of Lot 327 and 218,

Lots 355. 356. 357, 358. 359. 360, 361, 367, 368, 369, 370, 375, 376, 377, 378,

379, 422, 423, 424 and 425; being all the

property owned by the lessors be

tween McLean Avenue and Girard

Avenue and Richmond street and Eighth Street, all of which is included

in this lease, and also fifteen feet off

west side of Lot 327 and 218 west of Girard Avenue. This conveyance is made subject to a lease made by lessors to Maley, Thompson and Moffatt,

a corporation under the laws of Ohio, dated July 2, 1902, and expiring December 31, 1907; also excepting such

portions of some of above lots as have

been taken by the City of Cincinnati for the viaduct on Eighth Street.

(b) A -certain ground lease, with

the right to purchase, made by the

estate of M. J. Perrin to The Chicago, Cincinnati & Louisville Railroad Com

pany, dated December 22nd, 1903, and

covering the following real estate:

All the following described real

estate in the County of Hamilton and

State of Ohio, to-wit: The following numbered lots on the plat of subdivision of land made pursuant to order of court in the case wherein Alonzo W. Anderson was plaintiff and Thom

as Ewing et. al. were defendants, said cause being number 16,163 upon the appearance docket of the Superior Court of Cincinnati, said plat being duly recorded in Plat Book No. 2, pages 208 and 209 of the Recorder's Office of Hamilton County, Ohio, viz: Lots 221, 222, 223, 224. 235. 236. 237, 238, 239, 240, 247, 248. 249. 250, ?51, 252, 288, 289. 290, 291. 292, 293, 294, 295, 296, 297, 298. 305. 306. 307. 308, 309, 310, 321, 322,. 325, 324, 371. 372,

373, 374. 380, 381, 382, 383, five feet off the west side of 384, twenty-two feet

ten inches off east side of 387, Lots 388, 389, 390. 391, twenty-two feet ten

inches off east side of 426, five feet off

west side of 429. and .lot 473. being all

the property owned by the lessor be

tween McLean Avenue and Girard Av

enue and Richmond Street -and Eighth Street, and lot 473 on the north side of Richmond-Street, all of which is

inoluded in this lease.

This conveyance is made subject to a lease made by lessor to the Maley,

Thompson ana Moiratt company, a corporation under the laws of the State of Ohio, dated July 26, 1902, and

expiring on the 31st day of December,

1907; also excepting such portions of some of the above lots as have been

taken by tne city or Cincinnati lor a

viaduct on Eighth Street.

(c) A certain franchise granted by the City of Cincinnati to The Chicago.

Cincinnati & Louisville Railroad Com

pany, as the successor of The Cincin

nati & Indiana Western Railroad Com

pany, under ordinance No. 122 adopted August 24th, 1903, and all rights and

privileges arising thereunder, or under

any ordinances, resolutions, licenses

and permits supplemental to said or

dinance or amendatory thereof.

(d A lease, dated August L 1107,

from the Hammond Belt Railway Company to The Chicago, Cincinnati & Louisville Railroad Company, running for the term of twenty years from

date, under which said The Chicago, Cincinnati and Louisville Railroad Company has the right to operate its trains over the railroad owned by said

Hammond Belt Railway Company, said railroad being about 3.S miles in length. .

(e) All of the agreements referred

to in Schedule B annexed to the said

report of the Special Master and to which reference is hereby made for a

more particular description.

Also all right, title and interest of The Chicago, Cincinnati and Louisville Railroad Company, or the said Receiver, in all but five shares of the outstanding capital stock of said Hammond Belt Railway Company, such stock to be sold, however, subject to any indebtedness of The Chicago, Cincinnati and Louisville Railroad Cora-

tributive value, to be cancelled or credited, any of the outstanding Re celver's Certificates heretofore issued under decrees entered in the said suits, or any bonds or coupons payable out of the proceeds of the sale upon, distribution thereof; namely, any bonds or coupons secured by , any of the mortgages foreclosed by said decrees, to-wit: The mortgage of the Cincinnati, Richmond & Muncie Railroad, dated October 1st, 1900.

The mortgage of the Chicago & Cin cinnati Railroad, dated February 2nd 1902. The mortgage of the Cincinnati U Indiana Western Railroad Company, dated June 2nd. 1902. s The general and refunding mortgage of the Chicago, Cincinnati & Louis ville Railroad Company, dated July 1 1903. The purchaser will be credited on

account of the purchase price for the

. . . . , 1 j .

pany ror wnicn me same is u.u Receiver's Certificates, bonds and security. coupons so turned in, with such sums All other property, rights and fran- as would be payable on such Receiv chises of The Chicago, Cincinnati and er'8 Certificates, bonds and coupons

Louisville Railroad Company, legal or out of the purchase price if the whole equitable, and all property the title or amount of the .purchase price had

possession of which is held bv the been paid in cash.

Receiver, whether or not herein speel- 5. The purchaser shall, as part of

ficaily described. jthe consideration and purchase pries

The above mentioned nroDerty and of the property purchased and in ad

premises will be sold in one parcel ditlon to .the amount of his bid. take

and as an entirety, and will be sold th Property sold and receive a deed.

subject to certain mortgages and liens or deeds, therefor upon the express upon various parts thereof as ascer- condition that he will pay, satisfy and

tained and set forth In said decrees and therein declared and found to "be

prior and superior to the lien of the mortgages foreclosed by said decrees,

and which are substantially as fol

lows:

(a) The mortgage of the Hoosier

Equipment Company to the Boston Safe Deposit & Trust Company and

Richard A. Jackson as Trustees, cover

ing the rolling stock and equipment

described in said Schedule A annexed

to said report of the Special Master

discharge :

1. All unpaid indebtedness or ob

ligations legally contracted or incur red by the Receiver In the operation

or on account of the property sold at

any time prior to the discharge of such Receiver. This Indebtedness roes not Include Receiver's Cert If W cates which under said decrees are

payable from the proceeds of the sale.

2. All unpaid indebtedness and lia

bilitles contracted or incurred by the defendant. The Chicago, Cincinnati &

under the heading "Hoosier Equip- ."Xrrr' ."1.

ment." There remains due on this

mortgage $200,000.00 as principal with

Interest at the rate of five per cent.

from January 1, 1909.

(b) The Car Trust Agreement

made by The Chicago, Cincinnati

Louisville Railroad Company to the

American Loan & Trust Company, as

respect to which a petition of Inter

vention or proof of claim has hereto'

fore been filed In any of said suits, and which the Court shall adjudge to

be entitled to payment prior to the

bonds secured by any of the mortgage!

above mentioned. -

The purchaser at the sale shall also

Trustee, covering the rolling stock take the property sold subject to the and equipment described in Schedule performance by him, or his successors A annexed to the report of said Special or asSjgns 0 an pending contracts Master under the heading "Chicago, heretofore lawfully made by the said 2 a o t - x 111- n...iMA.

imriuiiau iouisvuie nquipmeui. Receiver. It is provided In said deThere remains due on the bonds secur- crees tnat the puroha8er shall not be ed by this car trust agreement the nersnnallv liahla tn nav that lufnr

sum of $150,000.00 with interest at mentioned indebtedness and liabilities

the rate Of five per cent from De- nf the Receiver and nf The ChtcArn

Cincinnati and Louisville Railroad

cember 1. 1908

(c) Two agreements between said Receiver and Burnham-Williams &

Company for the purchase of equipment covering the rolling stock and

Company, but the same are enfoiceable only against the property sold

which the Court reserves the right to retake and resell for that purpose. -

equipment described in said Schedule Provision is made in this said decrees

A annexed to the said report of the whereby the purchaser has the right.

Special Master under the heading in the manner therein stated, to con-

of "Burnham-Williams Equipment." test any such indebtedness and HabitThere remains unpaid on one of said ity so payable by the purchaser. . agreements on account of the pur- The purchaser shall have ninety

chase price of the roiling stock and days. from. the date of confirmation of

equipment covered thereby the sum of sale in which to elect whether or not

$40,537.89, and on the other the sum to adopt and continue in force, or to

of $50,656.25, with interest on the

latter sum at the rate of five per cent

from March 2, 1908.

(d) A certain agreement between said Receiver and The Haskell &

Barker Car Company covering the roll-

refuse to adopt, any lease. . traffic, trackage or operating agreement, or other executory contract which may

be included in the property sold, or which may constitute an Incident or appurtenance thereof and neither

ing stock and equipment described in such purchaser, his successors or assaid Schedule A annexed to said signs shall be deemed ' to have as-

Special Master's report under the eumed or adopted any of said con

headins: of "Haskell & Barker Car Co., tracts which he or they shall not elect

Equipment." There remains unpaid to accept or assume.

on account of the purchase price of Upon payment of the purchase price the rolling stock and equipment cover- bid by the purchaser or upon making ed by this agreement the sum of $177,- ch provision therefor as the Court

744.00, with interest thereon af the shall approve, and upon confirmation

rate of four per cent from May 17. 01 tne sale tne special Master wiu

1909. ' execute and deliver to such purchaser 3. The Special Master will receive or his assigns a proper instrument

no bid from any one offering to bid at or instruments of conveyance, assign said sale unless such person so offer- ment and transfer of the property ing to bid shall have first deposited sold under said decrees, end upon the with the Special Master as a pledge execution and delivery of said instru

that he will make good his bid in case ment or instruments, tne grantee or

of its acceptance, the sum of $250,- grantees therein shall be let Into 000.00 in cash, or in a certified check possession of the property conveyed.

upon any national bank or trust com- assignea ana transierrea, ana tne itepany of either the City of New York, ceiver shall deliver all the premises Boston, Massachusetts, Indianapolis, and property sold which may be In

or. Richmond. Indiana, or $350,000.00 bis possession or under bis control

in amount of bonds secured either by over to the purchaser, his successors the mortgage of the Cincinnati. Rich- and assigns. The said decrees further

mond & Muncie Railroad, dated Octo- provide that all earnings and Income ber 1st, 1900, of the Chicago & Cin- derived by said Receiver from sthe opcinnatl Railroad, dated February 2nd, eration or on account of the property

1902, or of The Cincinnati & Indiana sold, remaining In his bands at the

Western Railroad Company, dated aate 01 me aenvery. 01 we property 10 June 2nd, 1902. or a certificate of de- the purchaser, or shall come into the

posit satisfactory to the Special Mas- hands of such Receiver prior to bis ter, of any trust company for such discharge, shall be turned over to the bonds, or $350,000.00 principal amount purchaser on demand, or at his elec of Receiver's Certificates heretofore tion shall be retained by the Receiver issued in said causes and referred to and applied by him subject to the diIn said decrees. rectlon of the Court to the payment of

The Special Master will accept no the indebtedness and obligations of bid for the property directed to be the Receiver which the purchaser is sold by said decrees for less than the required to pay in additon to his bid. sum of $5,200,000.00, and unless such After such delivery of the premises, sum or more shall be bid the Special the purchaser and bis successors or Master will adjourn the sale and apply assigns shall hold, possess and enjoy

to the Court for further instructions. 1 the same and all rights, privileges, 1m-

The deposit of any unsuccessful bid- munities and franchises appertaining der will be returned to him when the thereto as fully and completely as the property is struck off. The deposit defendant The Chicago, Cincinnati of the successful bidder will be ap- Louisville RaUroad Company, or any plied upon the payment of the pur- of its predecessors in interest, or the chase price of the property in case Receiver at any time heretofore have such bidder complies with the terms held, or now hold, possess or enjoy the of the sale and completes his pur- same- And the purchaser and his aschase. In case any bidder shall fall to signs shall thereupon be entitled to make good any bid upon acceptance have and to hold the premises so conby the Special Master and conflrma- veyed free and clear of the lien and tion by the Court or shall fall to com- Incumbrance of each and every of the ply with any orders of the court relat- several mortgages thereof foreclosed ing to the payment of the balance of in said suits, and from the lien of each the purchase price, then the deposit and all of " the said Receiver's Certiflshall be forfeited as liquidated dam- cates, and from each and all of the ages and shall be applied toward pay- liens and claims of all of the parties ment of the expenses of a re-sale and to the suits aforesaid, and those toward making good any deficiency or claiming under them, save only as to loss in case the property shall be sold such liens or claims subject to which at a less price upon such . re-sale, or such sale is made, and as are express-

to such other purposes as the Court I ly reserved In said decrees.

shall direct but if said sale shall not! The sale will be made free from any

be confirmed, the deposit shall be re- appraisal, right of redemption or ex-

turned to the bidder. The purchaser 1 tension,

shall pay in cash upon the confirma- For a more specific description of tion of the sale, and from time to time the property to be sold, the liens and thereafter, such further portions on obligations to be assumed by the-pur-account of the purchase price as the chaser and of the terms and : concourt may direct The balance of the ditions of such sale, reference Is herepurchase price cot required to be paid by made to the above n.entioned de-

in cash may either be paid in cash or crees.

the purchaser may satisfy and make NOBLE C. BUTLER.

good the balance of his bid. in whole J. - 8pecIaL Master In Chancery, .or In part, by turning in at their dis-i maj243l Jam 7-14-21