The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-27

of Utah. this 18th day of July, in
the year of our Lord one thou
sand eight hundred and ninety
DAVID C. DUNBAR, Clerk.
By GEO. d. LOOMS, Deputy Clerk.
IN THE DISTRICT. COURT IN AND
for the Third Judicial District of Utah
territory, county of Salt Lake. Knicker-
booker Trust company, a corporation
plaintiff VS.. Utah Central Railway COM
pany, corporation, James McGregor and
Clarence Cary as receivers of said last
named company, Central Trust company
OF New YORK, corporation, st. Louis
Car Wheel company, u corporation, Will
lam Mann company, corporation, L. e.
Coffln Hardware company, a corporation
Salt Lake & Eastern Railway company,
a corporation, William +. Tolley, d. n.
Straup, James Hegney, Thomas Larson,
b. 5. Rupp, Pettibone, Mulliken & Co.,
Duncan, The Westinghouse Air Brake
company, a corporation, William n. An
derson anu James Anderson, partners as
William n. Anderson & Co., Lima Ma
cnlne Works, a corporation, Joseph Cod
dard, James z. Lawson, Pet Hendrick-
son, Peter Larson, Gabriel Gabrielson,
The Continental Oil company, Martha
Ann Coombs Charles Chrismon and
Alfred Nilsson, a. f. Jones, Gust Jones
and August johnson and Esther Coffin
and National Bank of the Republic a cor
porauon, and William Glassman, defend
ants. summons on amended complaint
The People of the territory of Utah send
greeting to Utah Central Railway COM
pany, a corporation, James McGregor and
Clarence Cary, as receivers of said last
named company, Central Trust company
OF New FORK, corporation, St. Louis
Car Wheel company, a corporation, Will
lam Mann company, corporation, E. {.
Coffin Hardware company, u corporation,
VI Scott AZ mn
Salt Lake & Eastern Railway company,
a corporation, William f. Tolley, d. y.
Straup, James Hegney, Thomas Larson,
3. S. Rupp, Pettibone Mulliken & Co.,
a corporation, Anton S. Nelson, Adam
Duncan, The Westinghouse Air Brake
company, a corporation, William n. An
derson and James Anderson, partners as
William n. Anderson q Co., Lima Ma
chine Works, corporation, Joseph Cod
dard, James p. Lawson, Pet Hendrickson,
Peter Larson, Gabriel Gabrielson, The
Continental Oil company, Martha Ann
Coombs, Charles Chrismon and Charles
Crismon, jr., William V. Black, Alfred
Nilsson, A. F. Jones, Gust Jones and
August Johnson and Esther Coffin, and
National Bank of the Republic, a corpor-
alton, and William Glassman, defendants
You are hereby required to appear in an
action brought against you by the above
named plaintiff III the district court of
the Third Judicial district of the terri
tory of Utah. and to answer the amended
complaint filed therein within ten days
exclusive of the day of service) after the
service on you of this summons-if served
within this county, or, if served out of
this county, but in this district, within
twenty days, otherwise within forty days
or judgment by default will be taken
against you, according to the prayer Of
said amended complaint This action is
brought to have judgment against defend
ants Salt Lake &c Eastern, and Utah Cen
trail Railway companies, in sum of ST.
100000, with interest thereon from July
10 dot Of lot,
herein at . per cent per annum; for 1880
attorneys fees, for $3.50 for extra and
necessary costs and expenses of plaintiff
as trustee, and $1,000 for compensation to
plaintiff for its services as trustee,
amounting in the aggregate including
said interest to S,13, $4,000, together with
interest on said principal sum of $780, |
100 from this date to date of decree here !
in at per cent. per annum and for costs |
of suit; alleged to be due on certain 1000 |
bonds of date July 1. 1888, for $1,000 each, |
by defendant Salt Lake & East |
arn Railway company, same bearing in /
erest at per cent. per annum, payable /
the interest on said bonds, |
md the principal thereof, being due and |
wholly unpaid; said bonds having been |
secured by a certain mortgage or deed |
If trust, executed and delivered to plain
iff by said Salt Lake & Eastern Rail-
way company, upon certain premises and /
property hereinafter described; defendant
tab Central Railway company being
low the owner of and vested in the said
ines of railway mortgaged as aforesaid,
md having assumed and become liable
o pay all the debts and obligations of
aid Salt Lake & Eastern Railway COM
ANY, including all and singular the said
rst mortgage bonds; to have the names
f the lawful holders of said bonds and
aid notes ascertained, and said holders
made parties hereto, If necessary or
roper; to have said first mortgage adj
judged to be a lien upon all the railroad
remises and property therein and here
natter described, and to be lien thereon
rior to the liens and claims of any of
he defendants herein, and to any lien
+ claim thereon accruing subse-
uent to said first mortgage; to have
he court ascertain what equipments, roll
lg stock and property was purchased
y said Salt Lake & Eastern Railway
ompany after the execution and delivery
said first mortgage to plaintiff, and of
ne rolling stock and equipment purchased
Y said Utah Central Railway company,
nd to have said after acquired rolling
-ock and equipment of the said Salt Lake
Eastern Railway company, and an
luitable proportion of that acquired by
he said Utah Central Railway company,
djudged to be subject to the lien of said
rst mortgage to plaintiff; to have the
ourt ascertain and fix what proportion
such rolling stock and equipment
forwards acquired by said Utah Cen
al Railway company is equitably SUBJ
.ct to and to have same adjudged as
inject to, the lien of plaintiffs said
lOTlSdSes 10 nave a decree Oh tDlS court 4
" the foreclosure of said mortgage and
ale of said property and premises in
anner prescribed by law, free from the
aims of all parties thereto and free
ON the claims of all parties whose in
rests are in any manner represented by
ny party hereto; to have it adjudged by
lch decree that said sale be made under
lie direction of the United States mar
lal for Utah, or other officer appointed
Y the court; that said sale be made at
Iblic' auction to the highest bidder for
lsh in the manner and on the notice pre-
ribbed by statute for sale of real property
lder execution and according to law;
lat any parties hereto and any of said
ondholders be allowed to bid at said
lie for the whole or any part of said ,
'operty, and that said first mortgage
,nds and unpaid interest warrants be
,cepted by said officer in payment of any =
DIS, at par value, with accrued and I'M
lid interest on the amount thereof ten
,red in payment of any bids, as pro-
ded in said trust deed or mortgage;
at said officer execute and deliver to
purchasers at said sale proper GER
icates of sale and file duplicates there
IN the office of the recorder of the
unty in which the property so sold is
tuated; that prior to as well as after the
atutory time for redemption shall have Z
pired, said officer make and deliver to
oh and all such purchasers proper
eds of conveyance of the property sold :
to &c cba cta IL ~,