The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-11-27
IN THE DISTRICT COURT IN AM

IN The DISTRICT COURT IN AMI
for the Third Judicial district of Utah
territory. county of Salt Lake. Thomas
Marshall, Samuel p. Teasdel and Lorir
| FarI, trustee, plaintiff, VS.. Salt Lake q
Fort Douglas Railway company, corpor,
a corporation, James McGregor and
Clarence Cary as receivers of said last
named corporation, Central Trust com
/ pany Of New York William f. Tolley
/ st. Louis Car Wheel company, a corpora
ton, William Mann company, a corpora
ton. National Bank of the Republic, a
corporation, e. {. Coffin hardware com,
Hegney Thomas Larsen, g. S. Rupp,
/ George NJ. Scott q Co.. corporation.
/ Pettibone, Mulliken & Co, d corporation,
Anton S. Nelson, Adam Duncan, The
/ Westinghouse Air Brake company, cor
poration, William n. Anderson and
James Anderson, partners as William n.
Anderson & Co., Lima Machine Works.
a corporation, Joseph Goddard, James L.
Lawson, Pet Hendrickson, Peter Lar
son. Gabriel GaDrielson The Continental
Oil company, Martha Ann Coombs Will
lam Glassman and Alfred Nilsson and
Esther Coffin, William Y. Black, Charles
Chrisnon and Charles Crismon, jr., a. F..
Jones, Gust Jones and August Johnson.
defendants. Summons on amended COM
plant. The People of the terri
tory OF Utah send greeting to
Salt Lake q Fort Douglas Railway
| company, a corporation, Utah Central
Railway company, a corporation, James
Of said last named corporation, Central
Trust company of New York, William f.
FOLEY, st. Louis Car Wheel company, a
corporation, William Mann company, d
corporate National Bank of the Repub-
lie, corporation, T.. G. Coffin Hardware
company. corporation, II. n. StrauP.
James Hegney, Thomas Ldr@eH, Il. ).
Rupp George NJ. Scott q Co, a corpora
ton, Pettibone, Mulliken * Co, Il cor
poration, Anton S. Nelson. Adam Duncan,
The Westinghouse Air Brake company, "a
corporal ton, William n. Anderson and
James Anderson, partners as William n.
Anderson Il Co., Lima Machine Works, a
corporation, Joseph Goddard, James Z.
Lawson, Pet HendricksOn, Peter Larson,
company, Martha Ann Coombs, William
Glassman, and Alfred Nilsson, and Esther
Coffin, William V. Black, Charles Chris
mon and Charles Crismon, jr., a. f.
defendants. You are hereby required 10
appear in an action brought against you
by the above named plaintiffs IN the dis
trict court of the Third Judicial district
of the territory of Utah. and to answer
the amended complaint filed therein with
in ten days exclusive OF the day of SER
summons-if served within this county,
or, if served out of this county, but IN
this district, within twenty days, other
wise within forty days-or judgment by
default will be taken against you, &C
cording to the prayer of said amended
complaint. The said action is brought to
have judgment against defendants Salt
Lake & Fort Douglas Railway company
and Utah Central Railway company, for
the sum Of $SO0,0U0, with interest thereon
from January 1, 1895, to date of filing
amended complaint herein, at 8 per cent.
per annum, for $500 attorneys fees, |
expenses of plaintiffs as trustees, and |
compensation to plainUifTs for !
their services as trustees, amounting in |
the aggregate including said interest, to !
81, 309 1000, together with interest on said !
sum of $500 10000 from this date |
until the date OF decree herein at per |
cent. per annum-and for costs OF suit;
alleged to be due or certain 500 bonds
of the value of 81, coo each, eXecutde by |
defendant Salt Lake & Fort Douglas Rail-
way company, on or about December 81, !
1894, bearing interest at the rate of |
per cent. per annum, payable semi-an-
nually on the first days Of July and jan
uary in each year; no part OF the prln-
cipal or interest on said bonds having
been paid; same having been secured by
first mortgage or deed of trust exc
cuted by defendant Salt Lake & Fort
Douglas Railway company and the Salt
Lake Rock company to plaintiffs as trus
hereinafter described; said mortgage be-
ing of record in the recorders office OF
Salt Lake county, in book N, mort
cages, pages All to 424 inclusive; defend
ant Utah Central Railway company hav-
ny become vested in the lines of rail-
way of said defendant Salt Lake & Fort
Douglas Railway company, and property
hereinafter described, and having become
liable to pay all and singular the said
irst mortgage bonds of said Salt Lake
Z Fort Douglas Railway company to
;aid bonds and said notes ascertained,
md said holders made parties hereto,
f necessary or proper; to have said first
mortgage adjudged and decreed to be a
len upon all the railroad premises ana
therein described, and to be
/ lien thereon prior to the lien and claims
# any of the defendants herein, and to
my lien or claim thereon accruing subse-
Luent to said first mortgage; to have the
court ascertain what equipment, rolling
took and property was purchased by
aid Utah Western Railway company
.fter the execution and delivery of said
he rolling stock and equipment pur-
hased by said Utah Central Railway
ompany, and to have said after acquired
ollng stock and equipment of said Salt
AXE & Fort Douglas Railway company
djudged to be subject to the lien of said
rst mortgage to plaintiffs; to have the
curt ascertain and fix what proportion
such rolling stock and equipment after +
Yards acquired by said Utah Central :
company is equitably subject to, '
nd to have same adjudged to be {
ubject to, the lien of plaintiffs said
Mortgage; to have a decree. of this court !
Or the foreclosure of said mortgage and :
ale of said property in the manner pre- +
cribed by law and according to the r
he claims of all parties hereto, and free 7
rom the claims of all parties whose in :
erests are in any manner represented by q
ny party hereto. To have it adjudged bp :
aid decree of foreclosure that said sale I
e made by and under the direction of :
lie United States marshal for Utah, or r
Their officer appointed by the court; that !
aid sale be made at public auction to the 7
ighest bidder for cash in the manner and :.
n the norIce prescribed by statue for the \
ale of real property on and under exc r
ltion and according to law and the i
ractice of the court; that any parties (
ereto and any of said bondholders be 6
lowed to bid at said sale for the whole y
any part or portion of said property, Q
nd that said first mortgage bonds and q
npaid interest warrants ,he accepted (
Y said officer in payment of any bids +