Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1889-02-23

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ard amounting In all TO the cum Of nine thou
sand i've hundred and eighteen and 2aloo dol
lars tsa,5ie ~, and IL appearing 20 the Court
from the proofs In said scti0n that said sum OF
money Is now due owing and unpaid from the
defendant TO the plaintiff and the other per
sons above named, in the sums and amounts
shove specified. for work and labor and mate
risls furnished to said defendant. In the con-
s~trustion and ear rying on the bulldogs herein
sitter described and thst each and all OF said
above named lien claimants did in sill and
every respect comply with the provisions Of
the statute regulating the obtaining and en-
foresmenf a mechanics. lsbofers' and mate
rial mems liens, and that they and each Of
hereinafter described for the sum of money due
10 each as herelnbefore mentioned and set
forth. Now, therefore,, on motion Of counsel
for respective claimants. ii is adiudged and de-
creed by the Court, By virtue Of the power in it
vested. that all and singular Of the premises
hereafter described, and particularly mentioned
and described in the complaint In this actton or
30 much thereof as msy be Sufficient to raise
the amount due TO the plaintiff and the other
lien holders, TO wit: the SUN Of Ss,5ls 90 ana
costs Of this action and expenses OF sale, and
which may be sold separately without material
injury TO the parties interested, be sold q,
public aution By or under the direction Of the
sheriff Of Eureka county. wherein said prem
Uses 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
1Ctot0AbE W - Il tut pEh(tAsU Va AAA5 S0hAA
regu' sting sales of real estate under execution.
and that the plaintiff or any of the parties to
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 . deed to the purchaser or purchasers Of
said premises hereinafter particularly men
toned ami described; that { e Sheriff out Of
the proceeds of said sale retain his fees, dis
bursements aud commissions upon said sale
and pay TO the plaintiff or his attorneys the
amount Of money due to the plaintiff as here
tofore particularly mentioned and set forth, to-
gether with his costs in this action taxed at
two hundr.d and twenty-three 35-l0O dollars.
and that he pay to 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 particularly mentioned and set forth. to-
gether with the costs Of fling their said liens
taxed at 50 50 apiece or 80 much thereof as the
proceeds OF said sale will pay the same. That
the defendants and all persons claiming or to
claim from or under them or either Of them
and all persons having liens subsequent to the
plaintiff and the other lien claimant who
came in and regularly made proof Of their said
liess as herelnbefore mentioned, whether BY
Judgment. mortgage or otherwise. their assigns
and personal re, resentstives, and all persons
having lien or claim By or under sach
subsequent judgment or decree, or upon any
lien subsequent to that OF the plaintiff and the
other lien simants herein, and all and every
person claiming or to elsim any interest in the
premises by deed. mortgage, Judgment or by
any proceeding or instrument whatsoever,
which is subsequent to the liens Of the plain
tin and the other lien laimants herein, as
shownb by the notices OF liens upon which the
decree is made. be and they are forever de-
barred and foreclosed Of and from all equity OF
redemption and claim In. Of and 70 said prem.
ises and every part thereof after the delivery Of
the said Sherih's deed.
| II 10 further adjudged and decreed that the
purchaser or purchasers Of said premises here
after described az such sale be let In into pos
session thereof. and that any Of the parties to
I n a A4fAa w8A4 hA ID - A-H4
premises or any part thereof. and any person
who since the commencement OF this action
has came into possession under them or either
Of them. deliver possession thereof TO such pur-
chaser or purchasers on production Of the
Sherifrs deed for such premises, or any part
thereof. That Of the sums OF money above
mentioned the sum OF two hundred and eighteen
and 25-l00 dollars Of the money due to the
Stevens is due. owing and Q lien upon the a.
cay offSe and store service hereinafter de.
scribed. and the other sums, IN wit: the sum Of
$500 o. is due, owing and q lien upon the
smelling furnace and reduction works herein
after described.
It Is further adjudged and deereed that II the
money arising upon . sale of the premises upon
which the foregoing liens have been filed and
hereinafter described shall be insufficient to
pay the whole amount due TO the plaintiff and
the other lien claimants a. hereinbefore men,
toned and described, with costs and expenses
OF sale and commission, the said Sheriff upon
suCn SAFE Snail DFst Qe1uct MS COSTS ana cOm-
missions. and pay to the plant a his costs and
disbursements In this action, and then to the
plaintiff, and all the other lien holders q pro
rats share OF the amount remaining in his
hands after the payment of costs. making an
equal percentage Of payment to each lien
claimant. hereinafter paying the costs Of suit
and expenses of sale. and he shall then certify
the balance remaining due upon this judgment
aud decree upon his return OF said sale, and
that upon the coming In OF said return Q judg-
ment OF this Court shall be docketed agsinst
the defendant, the star Mining and Smelling
Company. in favor of the pluintif and each Of
the lien claimants herein for the amount re-
naming due to them as shown anc certified in
said Sheriffs return. and the said defendant.
tue Star Mining and Smelling Company, who is
personally liable to pay the debt upon which
these liens are foreclosed shall pay such de-
fciency. and the plaintiff and each Of the said
lien laimants herein may have separate exc
cutions for such deficiency.
The following is . true and correct descrip-
ton OF the premises to be. charged with the
liens herein so far as the same can be ascer-
tanned from the complaint in this acticn:
That certain building or superstructure stu
ated in the Union Mining District, county of
Eureka. State OF Nevada. known as and called the
furnace and works OF the Star Mining
and Smelling Company, which said building 10
about twenty-seven feet wide by about forty
feet long and containing one furnace stock and
furnace, and 10 located about four
hundred yards southeriy from the boarding
house In the town or village Of Union.
Second: Also that certain other building
situated In said mining distrie', county and
State aforesaid, known as and called the Star
Coppanyis once. which said building is about
feet wide by about thirty eight feet
long and one story high, and located about
Ihree hundred feet. more or less, westerly from
the furnace building above described, and oc-
supied by the said company for Q business
md assay Office.
Dated this 23d day of March. 1883.
A. L. FITZGERALD, District Judge