The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-11

(seal) District in and for the Territory
of Utah, this 18th day of July, in
the year of our Lord one thou
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-
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. a corporation, St Louis
Car Wheel company, a corporation, Will
lam Mann company a corporation, b. c.
Coffin Hardware company, a corporation,
Salt Lake Sc Eastern hallway company,
a corporation, William T. Tolley, d. n.
Straup, James Hegney, Thomas Larson,
B. S. Rupp, Pettibone. Mulliken &c Co,
Duncan, The Westinghouse Air Brake
company, corporation, William n. An
derson anu James Anderson, partners as
William N. Anderson & Co., Lima Ma
dard, James T. Lawson, Pet Hendrich-
son, Peter Larson, Gabriel Gabrielson.
The Continental Oil company, Martha
Ann Coombs. Charles Chrismon and
Alfred Nilsson, 4. F. Jones, Gust Jones
and August johnson and Esther Coffin
duQ NdllOlldl BdIlh OF lIl6 flSpuDllC, d CUL
poration, 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 York. a corporation, st. Louis
Car Wheel company corporation, VIII
lam Mann company, a corporation, E. {.
Coffin Hardware company, a corporation,
George NJ. Scott & Co... corporation,
Salt Lake & Eastern Railway, company,
a corporation, William f. Tolley, d. n.
Straup, James Hegney, Thomas Larson,
b. S. Rupp, PettiDone, Mulliken q CO..
a corporation, Anton S. Nelson, Adam
Duncan, The Westinghouse Air Brake
company, corporation, William n. An
derSon and James Anderson, partners as
William N. Anderson & Co., Lima Ma
chine Works, a corporation, Joseph Cod
dard, James p. Lawson, Pet Hendr1ckS0n,
Peter Larson, Gabriel Gabrielson, The
Continental Oil company, Martha, Ann
Coombs, Charles ChriSnon and Charles
Crismon, jr, William v BACK, Aitreq
Nilsson, A. f. Jones, Gust Jones and
August Johnson and Esther Coffin, and
National Bank of the Republic, a corpor-
ation 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 te1> days
exclusive of the day of service) after the
service on you of this summons-if served
within this county, or, II 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 rms acuon is
brought to have Judgment against defend
ants Salt Lake & Eastern, and Utah Cen
trail Railway companies, in sum or 81
200 0OO with interest thereon from July
l. 1885, to date of filing amended complaint
! X me- n
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 lnciunlng
! said interest to 81, 713, $4,000, together with
| interest on said principal sum of S1,2O0,
coo from this date to date OIL decree mere
| in at per cent. per annum and for costs
| of suit; alleged to be due on certain 200
| bonds of date July /, 1883, for $lO00 each,
| executed by defendant Salt Lake & East
! ern Railway company, same bearing in
terest at per cent. per annum, payable
! semi-annually, the interest on said bonds,
| and the principal thereof, being due and
| wholly unpaid; said bonds having 9een
! secured by certain mortgage or deed
| of trust, executed and delivered to plain
| tiff by said Salt Lake Sc Eastern Rail-
! way company, upon certain premises ana
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 obl!gauonS OF
said Salt Lake & Eastern Railway COM
pany, including all and singular the said
| first mortgage bonds; to have the names
| of the lawful holders of said bonds and
said notes ascertained, and said holders
made parties hereto II necessary Or
| proper; to have said first mortgage al.
! 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
or claim thereon accrufng Subse-
euent to said first mortgage; to have
| fhe court ascertain what equipments, roll
| ing stock and property was purchased
| by said Salt Lake & 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
adjudged to be subject to the lien 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 Cen
frai railway company is equitably sub
| ject to and to have same adJudged az
Subject to, the lien of PLAINTIFFS said
mortgage; to have a decree of this cour1
for the foreclosure OF said mortgage anG
sale of said property and premises in
manner prescribed by law, free from tht
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 a
public auction to the highest bidder fol
ash in the manner and on the notice pre-
scribed by statute for sale of real property
under execution and according to law
that any parties hereto and any of sale
bondholders be allowed to bid at sa.t
sale for the whole or any part Of sait
bonds and unpaid interest warrants b'
accepted by said officer in payment Of an
bids, at par value, with accrued and un
paid interest on the amount thereof ten
dered in payment of any bids, az pro
! yided in said trust deed or mortgage
that said officer execute and deiiver t
ali purchasers at said sale. proper. Ger
tifcates of sale and file duplicates there
of IN the Office of the recorder of tn
county in which the property so sold l.
situated; that prior to as well as after TIL
statutory time for redemption shall hay