Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1889-03-02

joseph fiyun IN tOe sum Dl s...s " ~
and amounting in all to the sum Of nine thou
sand i've hundred and eighteen and 29-lO0 dol
lars i$9,5l5 29D. and II appearing to the Cour'
from the proofs In said action that said sum CT
money Is now due. owing and unpaid from the
defendant to the plaintiff aud the other per
sons above named, in the sums and amounts
above specified, for work and labor and mate
rails furnished 10 said defendant. in the con
struction and carrying on the buildings heren-
after described, and that each and all OF said
above named lien claimants did in all and
every respect comply with the provisions 81
the statute regulating the obtaining and 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 sum Of money due
to each as hereinbefore mentioned and set
forth. Now. therefore,, ON motion Of counsel
for respective claimants. ii is adjudged and de-
creed BY the Court, by virtue OF the power IN 1t
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 sufficient to raise
the amount due to the plaintiff and the other
lien holders, to wit: the SUN OF $9,6lS 20 and
costs of this action and expenses OF sale, and
which may be sold separately without material
injury to the parties interested, he sold at
| public aution by or under the direction of the
sheriff Of Eureka county. wherein said prem
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
Il AGfAbANt W haW ~ -
regulating sales Of real estate under execution.
and that the plaintiff or any of the parties 70
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 a deed to the purchaser or purchasers OF
said premises hereinafter particularly men,
toned and described; that the Sheriff out OF
the proceeds of said sale retain his fees, dis
bursements and commissions upon said sale
and pay to the plaintiff or his attorneysth The
amount Of money due to the plaintiff as here
tofore particularly mentioned aud set forth, to
gether with his costs In this action taxed o.
two hundred and twenty-three 35-lOO dollars
and that he pay 10 each of the other lien claim
ants or to their attorneys the several sums OF
money due 10 them and each Of them as hereto
fore particularly mentioned and set forth. to
gether with the costs of filing their said lem
taxed at 50 so apiece or 30 much thereof as tbs
proceeds Of said sale will pay the same. Thai
the defendants and all persons claiming or t.
claim from or under them or either OF then
and all persons having liens subsequent to ths
plaintiff and the Other lien claimants who
came in and regularly made proof # their said
liens as hereinbefore mentioned, whether by
judgment, mortgage or otherwise, their assigns
and personal representatives and all persons
having lien or claim By or under socf
subsequent Judgment or decree. or upon any
lien subsequent to that OF the plaintiff and thu
other lien claimants herein, and all and every
person claiming or to claim any interest in tn,
premises by deed, mortgage, judgment. or by
any proceeding or instrument whatsoever
which is subsequent to the liens Of the plain
tiff and the other lien claimants herein, 81
shown by the notices of liens upon which thi'
decree Is made, be and they are forever de
barred and foreclosed Of and from al equity Of
redemption and claim in. of and to said prem
Uses and every part thereof after the delivery Of
the said Sheiiff's deed.
1t is further adjudged and decreed that thu
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 te
this action who may be in possession OF said
premises or any part thereof. and any persor
who since the commencement OF this actor
has came into possession under them OF etthel
OF them, deliver possession thereof TO such pur
chaser or purchasers on production OF thu
Sherif's deed for such premises, or any par
thereof. That of the sums OF money aboy'
mentioned the sum of two hundred and eighteen
and 25-100 dollars of the money due to ths
plaintiff. and $500 OF the money due to W. ]
Stevens Is due, owing and q lien upon the as
say Office and store service hereinafter de
scribed, and the other sums, tn wit: the sum o.
$500 o. is due. owing and a lien upon th'
smelling furnace and reduction works herein
after described.
1t is further adjudged and decreed that II III;
money arising upon a sale Of the premises upoI
which the foregoing liens have been filed and
hereinafter described shall be insufficient I
pay the whole amount due to the plaintiff and
the other lien claimants as hereinbefore men
toned and described, with costs and expenses
OF sale and commission, the said Sheriff upon
such sale shall first deduct hts costs and 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 a pre-
rata 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 sui
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 against
the defendant, the star Mining and Smelling
Company. in favor Of the p~lHintif and each OF
the lien claimants herein for the amount re-
naming due to them as shown and certified in
said Sheriffs return. and the said defendant.
the 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 claimants herein may have separate exc
cuti0ns for such deficiency.
The following is 9 true and correct descrip-
tion OF the premises to be charged with the
liens herein so far as the same can be ascer-
tanned from the complaint in this action:
That certain building or superstructure stu
ated In the Union Mining District, county Of
Eureka. State Of Nevada, known as and called the
smeltisg furnace and works OF the Star Mining
and Smelling Company, which said building IL
about twenty-seyea feet wide by about forty
feet long and containing one furnace stock and
smelling furnace, and 10 located about four
hundred yards southerly from the boarding
house in the town or village Of Union.
Second: Also that certain other building
situated in said mining district, count and
State aforesaid, known as and called the Star
CoDpany's once, which said building lie about
fourteen feet wide BY shout thirty eight feet
long and one story high, and located about
three hundred feet. more or less. westerly from
the furnace building above described. and oc-
eupled by the said company for q business
and assay ONCE.
Dated this 23d day of March, 1889.
RTTTHRR Am nfak~lof T,10a