The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-04-01
LEGAL NOTICES.

lE1AL UOtlJ6S.
NOTICE OF SALE UNDER DEED OF
trust.-Notice is hereby given by Cyrus
L Hawley successor IN, trust TO Eugene
James Y. Marshall ard Mary, his wife.
are parties of the first part, Eugene Lewis
successor in trust. and Nathaniel French
is the third party or beneficiary. executed
on the 4th day of October, A. d. 1872
twh1Eg6g the said first PARTIES conyeYGie a
successor in trust, all the real estate
hereinafter described, to secure the pay
sum of one thousand dollars 81; GOD, exc
cuted by said James Y. Marshall. ana De
Hyered to said French, payable on I, n. the
est at the rate of 80 per cent. per altnurn2
payable semi-annually on the hrst days Oh
October ana April, of each year, and by
said deed it was provided that IN case
any interest secured BY said deed should
remain unpaid for 80 days after the saIue
eoIIa d become ne due the prlnelpaab sS boidsr
Of such note become immediately due, II
vas further provided in said deed that
in case default should be made in the pay
ment of the note aforesaid by the first
party or either of the coupon lnterst
notes thereto attached, then said second
as trustee, the said fTawley as successor
! in trust, should sell said real estate 10 the
highest bidder for cash, after having
/ CURED upon request of the holder. OF sad
! note, and the said Lewis having notified me
in writing that he has refused to act as
sucn trustee, and whereas, said oeen was
/ duly acknowledged by said parties ana
vas duly recorded on the eth day OF DC
toher, A. p 1892 at RACES 672 ana r 20 OF
/ the recorder of deeds # Salt Lake county,
| Utah. And, whereas, there became due
/ October LIST, 1888, upon SAID note as M n
which has been paid, which sum was eVl-
denced by a coupon interest note IN tna 5
owner Of said note has notified RE in
writing that she bas on account of said
/ Ecn-payment of interest elected to declare
the PRINCIPAL sum Of satd note due and ID
accordance with the provisions of said
deed of trust, and for the purposes, therein
10th day of April A D. 1894. at the hour
of ten a. m. of said day, at the south
front door of the county court house III
the city of Salt Lake, i'll said county and
territory. for the purpose aforesaid, ! shall
sell to the highest bidder for cash, all the
right, title, claim and interest which the
said James Y. Marshall and Mary Mar
shall, and either of them had en- the SAID
fourth day of October, A. D. 1892, or have
since acquired in and To the following de
scrtbed real estate, situate in said county
of Salt Lake viz: Beginning two hundred
and hfty-two $40 feet west from the
northeast corner of lot No ten no. in
block No. thirty-foUr I'd. Ten Acre Plat
"A. Big Field survey. Salt Lake city
and running thence south five hundred
and seventy.-fouc and 2-10 feet, thence run
ming west four hundred and ninety-thTee
and $40 feet, more or less, to the east
line of the o. S. L. & u. N. e r. Co
right of way, thence north along the east
side OF said right of way five hundred
and seventy-four GA 2-10) feet TO tbs
south side of a four ~ rod street, thence
east along the south SIDE of said street
four hundred and eighty-nine and ST.
(iS9 SOD feet more or less 70 the place Of
beginning situate in the southeast quarter
of section No. twenty-four (2D and tht
nj tvs y
five (25), in township one d south o.
range enc u west Of the Salt Lake Ineri
dian. CYRUS Z. HAWLkY.
Salt Lake city. March g. 1894.
IN THE DISTRICT COURT IN AM
for the Third Judicial district of Utah ter
ritory, county of Salt Lake Aaron Key
ser, plaintiff, VS.. William Burke, Mary L
Burke Salt Lake Real Estate and Invest
ment company, a corporation, Fred Tit
Mary A. Tit, John j. DAILY, trustee, III
Burton-Gardner company, corporation
Oscar w Moyle, assignee Catherine q
Dyer Gertrude Van Anda, Mary Brixen
W. S. Mccormick, and Union Nationa
bank, a corporation, defendants. sum
send greeting: 70 William Burke
Estate and Investment company, !
corporation. F red Tit. Mary A. Tit, JOIN
J. Daily, trustee, the Burtcn-Gardner com
pany, a corporation, Oscar w. MoyIe, as
signee, Catherine e. Dyer, Gertrude Val
>.
and Union National bank, a corporation
defendants. You are hereby required L
appear in an action brought against yol
by the above named plaintiff in the dis
trict court of the Third Judicial distric
of the territory of Utah. and to ansWe
the complaint fled therein within ten day
exclusive of the day OF service) after tn
service on you of this summons-if serve
within this county; or. If served out o
this county, but in this district With
twenty days; otherwise within forty day
or judgment by default will be take
against you, according to the prayer @
said complaint. The said action is brough
to have judgment against defendants O
two causes of action as follows: First
Against defendants Burke in sum of S. 0W
with interest from January ., 1892, at
per cent. per annum, for 500 attorney
fee, alleged to he due on certain promis
sorry note, executed by said defendants t
plaintiff March g. 1891. for Sc, 0G0 with inter
est at IL per cent. per annurn, same bein
due and wholly unpaid, save interest
January o. 1892, and being secured by
of6gage od eesa t qa'e Of on LOT az qPn dG
plat A. Salt Lake City survey, in Sa
Lake city and county, Utah. Second IT
Burke in sum of 1900 with interest AT
= per cent. per anpum from December
1892, for $3.50 attorneys fee and costs {
suit, alleged to be due on a certain prorni.
sorry note executed by said defendant /
plaintiff May IA, 1891, for $4,000 with inter
est from date at 10 per cent. per annun
same being due and wholly unpaid, say
interest to December 4. 1892, and being s,
+ cured by mortgage of even date on fo
a lowing: Commencing SO feet south and
; feet east from northwest corner OF lot
block 81, plat A, Salt Lake City surve,
2 thence east so feet thence south 132 fee
! thence west 50 feet thence. north I32 fet
TO beginning, in Salt Lake city and count,
Utah. to have said mortgages foreelose
ana said premises sold and proceeds
first described land applied in payment
2 amount due in first cause of action, and
said secondly described land to amount du
on second cause of action; to have defend
: ants barred of all claim or equity of r.
. demption If, said premises; that piainti
have judgment for any deficiency and L
3 other relief. And you are hereby no.iht
that if YOU fail to appear and answer Il
said complaint as above required the sal
plaintiff will apply to the court for I'll
relief demanded therein.
Witness the Hon. Samuel A. Me
rift, judge, and the seal of the di
trict court of the Third Judicf
z (Seal.) district in and for the territory
Utah, this 18th day of February
O the year of our Lord one thousar
eight hundred and ninety-four
DAVID c. DUNBAR, Clerk.
Il By GEORGE D. LOOMS, Deputy Cler
y Hawlins & Critchlow, Attorneys for Plail
I tiff