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

pany, corporation, James McCireSor an,
s, aaseiice cary, as receivers OF SAID las
n ast Me1l. company, Central Trust compan,
% New York, William F. Tolley. St. Lon,
s Sdr wheel company. a corporation, Will
!dn mann company, a corporation. Ma
t tioiai +, t'ank OF the Republic, a corpora
eion, u. L. Collin Hardware compafly :
! corporation, d. n. Straup. lanes Heg
,HSS, 1nomas Larsen, 8. S. Rupp, George
"a, scott d Co., a corporation, Pettibone
/ M aIsnn. q Co, a corporation, Anton S
StSiSUil, Aoam Duncan, The WESTINGHOUSE
;an, N ant company, a corporation, Will
run N. Anderson and James Anderson
partners as William n. Anderson &. co
I IallIi Machine Works, corporation, 10.
9ISPu Loddard. James p. Lawson Pei
I!ehdrlckson, Peter Larsen, Gabriel Cab
Tlelson, The Continental Oil company. a
GE9 stSs Martha Ann Coombs, and
P f3siner conn, and the Utah Western
/ SndTleS CTlsmon. jr., William V. Black
A4Ilred Nilsson and A. f. Jones. Gust
S Sga ana August johnson and William
amended complaint The Peonie nf +bn
territory of Utah send greeting to Utah
central hallway company, a corpora ton.
S ,,en, McGregor and Clarence Cary as
IeceiVerS OIL said last named COMPANY.
Central Trust company of New York
william F. FOLEY, st. Louis Car Wheel
collpdlly' corporation, William Mann
o49iiplahy, corporation, National Bank
VI the republic, a corporation E. C..
Sorltl hardware company, a corporation.
=. n. Straup, James Hegney, Thomas
Larsen - ). Rupp, George NJ. Scott &
~ y corporation, Pettibone, Mullilzen
Co. a corporation, Anton S. Nelson,
3 Am Duncan, The Westinghouse Air
Didhe company, corporation, William
~. anderson and James Anderson, part
Machine Works, a corporation, joseph
Soddard, James Z. Lawson, Pet Hen
S Sd, ,ShS on refer Larsen, Gabriel Gabriel
SON. son, The e; Continental Oil company, a
hna t1p
b q Colin, and the Utah Western
RahWay company, Charles Chrismon and
Chiarles Crlsmon, jr., William V. Black,
A1lIred Nilsson, and A. F. Jones' Gust
Glassman, defendants. You are hereby
required to appear in an action brought
against you by the above named plain
IN IN Ine district court of the Third Ju-
ulcial district of the territory of Utah.
anu TO answer the amended complaint
llled therein within ten days exclusive
OF the DAY of service,) after the service
on You OF this SummonS-if served within
inns county, or If served out of this county
put IN TINS district, within twenty DAYS:
otherwlse within forty dayS-or Judgment
WI De taken against you, according to
This action is brought to have judgement
against defendants Utah Western Rail-
way company and Utah Central Railway
company IN sum of $600.0O0, with interest
thereon from July l, 1882 to date of FLING
complaint herein at s per cenf
per annum, for $500 attorneys fees $3.50
Tor extra and necessary costs and ey
penses OF plaintiff as trustee, $500 for com
pensation to plaintiff for his services as
trustee, amounting in the aggregate in
cIuQl"g said interest, to $50 O5n 90 To-
gether with interest on said princins1
sum o. $6O00O0 from this date to date
Oh decree herein at 8 per cent. per an
mum, aid for costs OF suit; alleged TO he
due on certain 500 bonds bearing date
5u uf !, 1889, for $1,000 each, executed by
lefendant Utah Western Railway com
pahy, bearing interest at per cent per
3hnun, payable semi-annually on the 1st
lays of January and July in each wear:
40 part of the principal or interest on
9ald Donds having been paid; same having
1een secured by certain first mortgage
or deed OF trust, of even date with Said |
ponds executed by defendant Utah West> I
.In hallWay company to plaintiff upon |
;e era premises and property herein I
alter described, said mortgage being OF
-ecoru IN the recorders office of Salt /
lake county, Utah, in Book Z, of mort /
RACES, pages IS to 20 inclusive; defendant /
tan Central Railway company, having /
become the cwner and vested with the |
mes OF railway of said Utah Western
allWay hereinafter described and hav-
ng become liable to pay all debts and
, ,in OF said Utah Western Rail.
way company, including all and singular
ne SAD hrst mortgage bonds of said
: tan Western Railway company; to have
ne names of the lawful holders of said
~ - ~ noees dscertalneu and made
'arues hereto if necessary and proper;
o have decree of this court adfudging
a!d hrst mortgage a lien upon all the
abroad premises and property therein
described and lien thereon prior to the
lens and claims of any of the defend
nts herein, and to any lien or claim
hereon accruing subsequent to said first
mortgage; to have ascertained by the
roperty was purchased by said Utah
Western Railway company after the exc
uuon and delivery of said first mortgage
plalntln, and of the rolling stock and
al Railway company, and to have said
tier acquired rolling stock and eollin
lent OF said Utah Western Railway com
any, and an equitable proportion of that
adjudged to be subject to the
en- of said first mortgage to plaintiff: to
ave tne court ascertain and fix what
roportlon OF such rolling stock and
tan Central Hallway company, is equit-
ply subject to and to have same adiudged /
subject to, the lien of said mort
age; to have said mortgage foreclosed
nd the said property sold in the manner maine. {
'escrlbed by law, free from the claims
all parties hereto and free from the
aims OF all parties whose interests are {
ereto; to have it adjudged by such de- ]
zee OF foreclosure that said sale be made l
7 the United States marshal for Utah. or /
her officer appointed by the court that l
10 sale be made at public auction to r
lie highest bidder for cash; in the man /
ar and on the notice prescribed bv q
atute for the sale of real property on and G
l9er execution and according to law /
Id the practice of the court; that any !
lrtieS hereto and any of said bond +
'lders be allowed to bid at said sale for h
e Whoie or any part or portion of said i
operty, and that said first mortgage S
'nds and unpaid interest warrants he g
'cepted by said officer in payment of a
~ blds, at par value, with accrued i,
terest thereon, rendered in payment of Y
" BIDS as provided in said mortgage; l
al said officer execute and deliver ia h
purchasers at said sale proper certi- Ii
ates of sale and file duplicates tbereo. f
the Office of the recorder of the COUNTY &
=, wni men; the property sold is situated; h
ry time for redemption shall have az a
red, said officer make and deliver fo il
en- ana all such purchasers proper deeds n
- SionFeyanee OF the property sold ac- Ii
e production of such deed they be let a
TO possession of the property purchased O
them respectively; that the liens if a
y, ana CLAIMS OF the defendants herein q
fore referred to, be adjudged as sub G.
dlnate in right and subject to the plain 8
S said mortgage and the lien thereof. s
q that each and all of the defendants a
all persons In like situation with them fl
any of them, and all persons claim II
: or to claim by, through or under them q
any of them, be absolutely barred and c,
'eclosed of and from all right and RI
lity of redemption OF, in and to ali L
d premises and property sold; that a.
d officer bring into court the proceeds fl
sing from said sale, or if the court so C,
Judge, apply such proceeds, and that OF
IN proceeus be applied as follows. to. "
t: That the costs and expenses of sale, r
j costs, attorneys fees and expenses al
this action, extra and necessary eX- 81
lses of plaintiff as trustee and plain m
s commissions and compensation as fc
stee, be first paid out of such pro- So
DIS; that the residue thereof. or so So
oh thereof as may be required for that cc
pose. be applied TO the naYnent nf II