Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1889-02-16

Dennis Cooney in the sum OF .......... 81 10
John silver in the sum of............. ) %
Mike Stanton in the sum of........... Is %
Joseph Flynn in the sum of............ 100 -
and amounting IN all to the sum Of nine thou
sand FIVE hundred and eighteen and 2Alo0 dol.
lars fs9.5ls 29l, and It appearing TO The Oourt
from the proofs In said action that SAID sum OF
money is now due, owing and unpaid from the
defendant TO the plaintiff and the other pr
sons above named, In the sums and amounts
shove specified. for work aud labor and mate
rials furnished to said defendant. In the con-
struction and carrying on the buildings mere n,
after described, and that each aud all Of saia
above named lien claimants did in sl Gnn
every respect comply with the provisions Of
the statute regulating the obtaining snd en-
forcement OF mechanics, laborers and mate
rial mems liens, and that they and each OF
them did obtain a lien against the premises
hereinafter described for the sun Of money due
10 each as hereinbefore mentioned and set
forth. Now, therefore, on motion OF counsel
for respective claimants. ii Is adiudged and DC.
creed by the Court, by virtue OF the power IN ~
vested. that all and singular OF the premises
hereafter described. and particularly mentioned
and described In the complaint in this action or
so much thereof as may be sufheient 70 raise
the amount due 20 the plaintin ana the other
lien holders, 10 wit: the SUM OF Ss,ols y ana
costs OF this action and expenses Of sale, and
which may be sold separately without material
injury TO the parties interested, be solo AZ
public autiOn BY or under the direction OF the
Slcrlu OF Eufe IA county, WltTclu bthu itNAh-
ises are wholly situated, that said sale be made
in said county Of Eureka; that the Sheriff give
public notice Of the time and place OF said sale
according TO law aud the practice Of this Court
regulating sales Of real estate under execution.
and hat the plaintiff or any Of the parties %
this action may become the purchasers at said
sale, and that the Sheriff, after the time al
lowed by law for redemption has expired, exc.
cute q deed TO the purchaser or purchasers oil
said premises hereinafter particularly men
| tfOpR1 AMI dqsrrfhed- that I 2 Sheriff. out al
the proceeds Of said sale retain his fees, dis
bursements and commissions upon said SAFE
and pay TO the plaintiff or his attorney the
amount Of money due to the plaintiff as here
tofore particularly mentioned and set forth, to
gether with his costs In this sction taxed 81
two hundred and twenty-thTee 35-lO0 dollars
and that he pay 10 each Of the other lien claim.
ants or to their attorneys the several sums OF
money due to them and each Of them as hereto
| fore particul AIly mentioned and set forth. to
gether with the costs CT fling their said liens
taxed ct 81 80 apiece or so much thereof as The
proceeds Of said sale will pay the same. That
the defendants and all persons claiming or %
claim from or under them or either Of them
and eli persons having liens subsequent TO the
| plaintiff and the other lien claimants who
came in and regularly made proof Of their said
lieas a. h~erelnbefore mentioned, whether BY
judgment. mortgage or otherwise, their assigns
and personal representatives, and all persons
having lien or claim By or under s0ch
subsequent judgment or decree, or upon any
/ lien subsequent 10 tndt OF the TlAllttu anu inc
other lien claimants herein, and all and every
person claiming OF TO claim any interest In the
premises by deed, mortgage, judgment, or ~
any proceeding or instrument whatsoever,
which d Is subsequent to the liens Of the plain
til and the other lien claimants herein, A.
shown by the notices OF liens upon which this
| decree Is made. be and they are forever de.
barred and foreclosed OF and from AL equity oil
redemption and claim in. Of and TO said prem
ises and every part thereof after the delivery Of
the said Sherih'e deed.
It 10 further Adfudged and decreed that tn,
purchaser or purchasers OF said premises here
after described at such sale be let in into pos
session thereof. and that any of the parties Il
this sction who may be in possession OF sale
premises or any part thereof, and any persoI
who since the commencement Of this actioi
has came into possession under them or eitho
Of them, deliver possession thereof TO such pur
chaser or purchasers on production Of tn
Sherihfs deed for such premises. or any par
thereof. That Of the SUES Of money abOv
mentioned the sum Of two hundred and eighteei
and Is 100 dollars Of the money due TO tn
plaintiff. and $500 OF the money due 10 W. J
Stevens is due, owing and q lien upon the a.
say ofice and store service hereinafter de
scribed. and the other sums, b wit: the sum
$500 o. Is due. owing and a lien upon tn
smelling furnace and reduction works herein
after described.
1t Is further adjudged and decreed that II Tia
money arising upon 8 sale OF the premises upoi
which the foregoing liens have been filed ant
hereinafter described shall be insufficient t
pay the whole amount due TO the plaintiff an
the other lien claimants ss hereinbsfore men
toned and described, with costs and expense
OF sale and commission, the said Sheriff upOi
such sale shall first deduct his costs and com
missions. and pay to the plant q his costs an
disbursements In this action, and then TO tn
plaintiff, and all the other lien holders a pr
rate share OF the amount remaining In hi
hands after the payment OF costs. making al
equal percentage Of payment to each liel
claimant hereinafter paying the costs Of sui
and expenses Of sale. and he shall then eertif.
the balance remaining due upon this judgmen
and decree upon his return Of said sale, an,
that upon the coming In Of said return q judg
ment OF this Court shall be docketed agAfns
the defendant. the Star Mining and Smelling
Company. In favor Of the pluintiff and each o
the lien claimants herein for the amount re
msining due to them a. shown and certified il
said Sherif's return. and the said defendant
the Star Mining and Smelling Company. who (
personally liable to pay the debt upon whiel
these liens are foreclosed shall pay such de
h~ciency. and the plaintiff and each OF the sait
lien laimants herein may have separate exc
cutions for such deficiency.
The following is 9 true and correct descrip
ton OF the premises to be charged with tn
liens herein so far as the same can be aseer
tanned from the complaint in this scticn:
That certain building or superstructure stu
ated In tn Union Mining District, county o.
Eureka State Of Nevada. known as and called tn,
smeltitg furnace and works Of the Star Mimi
and smelling Company, which said building Il
shout twenty.seven feet wide by about forty
feet long and c1etaining one furnace stock and
smelling furnace, and is located about fonl
hundred yards southerly from the boarding
house in the town or village Of Union.
Second: Also that certain other building
situated In said mining distric., county and
state aforesaid, known as and called the Stal
Company's ONCE, which ssid building IL aboEi
fourteen feet wide by about thirty eight fee
lo"g and one story high, and located about
three hundred feet, mora or less, westerly from
the furnace building above described, and oc
cupied by the said company for q business
and assay Office.
Dated this 23d day OF March, 1855.
A.. L. FITZGERALD, District Judge.