The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-05


/ properly. and every part and parcel there
| or, with the appurtenances and all the
rights, privileges and franchises and i'm
murities of the mortgagor. And you are
/ hereby notified that If you fail to appear
/ and answer said amended complaint as
above required, the said plaintiff will ap-
| therein.
Witness the Hon. Samuel A. Mer-
rift. judge. and the zeal of the
District Court of the THIRD Judicial
! (Seal.) District in and for the Territory
of Utah, this 10Th 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, corporation,
pialntiff, VS.. Utah Central Railway COM
pany, corporation, James McGregor and
Clarence Cary as receivers of said last
named company, Central Trust company
Car Wheel company, a corporation, Will
lam Mann company, corporation, +. c.
Coffin hardware company, a corporation,
George NJ. Scott & Co., a corporation.
Salt Lake & Eastern Railway company,
corporation, William f. Tolley, d. n.
Straup, James Hegney, Thomas Larson,
Is. ). Rupp, Pett:oone, Mulliken q Co.,
a corporation, Anton S. Nelson, Adam
Duncan, The Westinghouse Air Brake
company, a corporation. William n. An
derson anu James Anderson. partners as
| William n. Anderson & Co., Lima Ma
chine Works, corporation, Joseph Cod
dard, James 7. Lawson. Pet Hendr1ck-
son, Peter Larson, Gabriel GabTielsOn.
| The Continental Oil company, Martha
Ann CoombS. Charles Chrismon and
Charles Crismon. jr., William v Black,
Alfred Nilsson, A. r. Jones, Gust Jones
and August johnson and Esther Coffin
and National Bank of the Republic, cor
William fTi3Ssnlan.
ants. summons Oh amended complaint.
The People of the territory Of Utah send
greeting to Utah Central hallway 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, corporation, Will
lam Mann company, corporation, e. C.
Coffin Hardware company, a corporation
George NJ. Scott & Co, q corporation.
Salt Lake & Eastern Railway company,
a corporation. William +. Tolley, b. r.
Straup, James Hegney Thomas Larson,
3. 5. Rupp, PettiOcne, Mulllken d Co..
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 & Co., Lima Ma
chine Works, d corpora ton, Joseph Cod
dard, James p. Lawson, Pet Hendrickson.
Peter Larson, Gabriel GabrielsOn, The
Continental Oil company, Martha Ann
Coombs, Charles Chrismon and Charles
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 IN 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-lf served
until n
this county, but in this district, within
twenty days, otherwise within forty days
or judgment by default will be taken
against you, according 10 the prayer or
said amended complaint This action is
brought to have Judgment against defend
ants Salt Lake & Eastern. and Utah Cen
trail Railway companies, in sum of ST.
200, 900, with interest thereon from July
/, 1888, to date of filing amended complaint
herein at per cent. per annum; for $45O0
attorneys fees. for $3.50 for extra and
as trustee, and $1,000 for compensation to
plaintiff for its services as trustee,
amounting in the aggregate including
said interest to 81, 713, 5000, together with
interest on said principal sum of $1,000,
600 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 1,90
bonds of date July 1. 1888, for $1,000 each.
executed by defendant Salt Lake & East
ern Railway company, same bearing in
tereSt at per cent. per annum, payable
and the principal thereof, being due and
wholly unpaid said bonds having been
secured by a certain mortgage or deed
of trust executed and delivered to plain
tiff by said Salt Lake & Eastern Rail-
way company, upon certain premises and
property hereinafter described; defendant
Utah Central Railway company being
now the owner of and vested in the said
lines of railway mortgaged as aforesaid,
and having assumed and become liable
to pay all the debts and obligations of
> Tpr,gIrr
pany. including all and singular the said
irst mortgage bonds; to have the names
of the lawful holders of said bonds and
said notes ascertained, and said holders
made parties hereto, if necessary or
proper; to have said first mortgage ad-
judged to be a lien upon all the railroad
premises and property therein and here
matter described, and to be lien thereon
prior to the liens and claims of any of
the defendants herein, and to any lien
CT claim thereon accruing subse-
quent to said first mortgage; to have
the court ascertain what equipments, roll
ing stock and property was purchased
by said Salt Lake q Eastern Railway
company after the execution and delivery
of said first mortgage to plaintiff, and of
the rolling stock and equipment purchased
by said Utah Central Railway company,
and to have said after acquired rolling
stock and equipment of the said Salt Lake
& Eastern Railway company, and an
equitable proportion of that acquired by
the said Utah Central Railway company,
adJudSed TO De SUBJECT TO the hen OF said
first mortgage to plaintiff; to have the
court ascertain and fix what proportion
of such rolling stock and equipment
afterwards acquired by said Utah Gem
trail Railway company is equitably sub
ject to and to have same adjudged as
subject to, the lien of plaintiffs said
mortgage; to have a decree OF this court
for the foreclosure of said mort gage and
sale of said property and premises in
manner prescribed by law, free from the
claims of all parties thereto and free
from the claims of all parties whose in
terestS are in any manner represented by
any party hereto; to have it adjudged by
such decree that said sale be made under
the direction Of the United States mar
shall for Utah, or other officer appointed
by the court; that said sale be made at
cash in the manner and on the notice pre-
under execution and according to law
bondholders be allowed to bid at said
property, and that said first mortgage
bonds and unpaid interest warrants be
accepted by said officer in payment of any
bids, at par value, with accrued and I'M |
paid interest on the amount thereof ten
dered in payment of any bids. as pro- |
vided in said trust deed or mortgage; |
that said officer execute and deliver to |
all purchasers at said sale proper GER |
tificates of sale and file duplicates there |
of IN the office of the recorder of the !
county in which the property SO sold Is
situated; that prior to as well as after the \
Statutory time for reClpuDtiOn shall hava