The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-25
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n 49, Oot pordiloii, James McGreSor and
Sdrence cary, as receivers OF SAID last
dHeo company, Central Trust company
: q S Sl ork, William +. Tolley, st. Louis
t ian, Mheei company, corporation, Will
r ton Mann company, corporation, Ma.
tion44 sank OF the Republic, a corpora
eor5sIE & Coffin HARDWARE company. a
os,l atom, D. n. Straup, James Heg-
NJ SEQ ii ~ Larsen, b. 5. Rupp, George
Aii,I1tIe y Co., corporation. Pettioone,
{ n elsarq d Co., corporation, Anton S.
Air d., ADAM Duncan, The Westinghouse
lam ne company, a corporation, Will
,Sa,.,,, - Anderson and James Anderson,
- 49, ~ as VI llllam n. anderson & Co.
sanh 1Sisfhine Works, a corporation Jo-
liendrictSssaaaf d James p. Lawson, Pet
,.ie,-.1t, 4SAa1sson, Peter Larsen, Gabriel Cab
.1Si.>fl. lie Continental Oil 1cornpanv' a
Ia t:3h Martha Ann CoomDs, and
Paiit-a Soltn, ana the Utah W estern
chariesy company, Charles Chrismon ami
I Tanao NtlSsUn ana y. t. Jones, Gust
s SvaIes ana August johnson and William
! amended attendants. Summons IN
/ 1872 o. ststh send greeting to Utah
n t., al Halfway company, d corporation.
1 reca,,ser -deearegor and Clarence Cary as
! Cenfr,si TT, " salo last named company,
/ Viiijs,n l, uSt company CT New York
/ co,, r-sa-n y. IoIley, ST. Louis Car Wheel
ccoor,ipaH!', corporation. William Mann
Of ~ ti1Hs, cotporation, National Bank
IHoiilil hardware company, a CORPORATION.
- ~. Straup, James iaegney, Thomas
GO d. >. Rupp, George n. scott &
a Go CORPORATION, Pe,uoone, Mulhk4n
49, q corporation, Anton S, Netson
i55 EVEN duncan, Ihe MestinGaouse AR
N "ne company, corporation, William
M ~ Stson ana James Anderson, part
Nj nTa as " Imam n. ANDERSON u Co. Lima
G 1s.SSShlne works. a corporation, joseph
G,oo,eatd' James =. Lawson, Pet Zen
son IAS o. Peter Larsen, Gaoriel GABRIEL
corporation, Martha Ann toonifs ma
I tesinsr Coffin, and the Utan western
11GsahSdy company, Charles Craftsman a - a
GIF'-.5 S;isinon, Jr, William V. Black,
zones and August johnson ana Willtan1
eiiassinan, defendants. You are herenv
a1. 49, so 70 appear IN an action brought
asdlhst you by the above named nam
Tn In the district court of the 'rni,Ii IN
a,Siai district OF the territory or Utah.
ell 10 answer the amended conn a mr.
~ ~, therein within ten days exclusive
" tAe cay OF servIceD after the servlce
oH you OF this SUNNI ons-If served win n
t.ls coCnty, or il serN e. Gu O. thi, ctjl1 V
W. ia ms district, within twenty days:
,,,ii ". 40e Men4n 1orty dsys-or JLdg1ient
~ IN De taken against You, accoreinS To
NJ NJ prayer Oh said amended COMPLAINT
a6 -.S 1cuoH IS brought TO nave Judgement
@sainst DEFENDANTS Utah Western RAM
- - Company and Ctan Central halfway
company in sum OF 5000 900. win inTeres'f
", from July l, 1889, to date of fling
~ slt.Nnueu complaint herein at . pec cent
fer tt ,ina Ter SOTO attorneys fees, S!au
-, =
lenses OF plaintiff trustee 500 for com
cessation TO plaintiff fer MS services as
c ciiuSStee amounting III the aggregate IL.
c!udlnG said interest TO SSl9D b n 70
sethef with Interest on said princinat
sG u OF sJv0OIU.O from this cate to Ole
W uecree he-e-n at per cent. per an
, riua' ana lor costs of suit alleged to be
1oe On certain 6OG bonds bearing date
Ju.y l, 1893, for $500 each, executed nv /
defendant Utah " estern Railway COM I
pany, bearing interest at 6 per cent per |
Jays OF January and July in each year:
no part OF the principal or interest ca
SAD bonds having been raid; same having
oeea rs secured by CERTAIN hrst mortgage /
pondS, executed by defendant Utah Wesl>
eIn railway company 20 plaintiff upon
O. t era premises ard property herein
after described, said mortgage being ~
record in the recorders onlca of SaIt
lake county, Utah. in Book 2 ii, of mort
cages pages IS to 20 inclusive; defendant
t : tan central Railway company. having
become the owner and vested with the
llnes OF railway OF said Utah Western
railway hereinafter described, and hav
ihg become liable to pay ell deots andf
o v.ait a alIo OF said Utah Western Rail.
way company, including all and singular
me sa:q hrst mortgage bonds of said
Z tan western Railway company; to have
me names of the lawful holders of sad
parties hereto If necessary and nroner.
TO nave a decree of this court adiudgIng
san aiS nrst mortgage lien upon all the
l1a alas.7 premises and property therein
lens and claims of any of the defend
t,nts herein, and to any lien or claim
.nereon aecruing subsequent to said FIRST
mortgage; to have ascertained by the
court what equipment, rolling stock and
property was purchased by said Utah |
W estern hallway company after the exc
'uu9 ION ana delivery of said first mortgage
Q palhtlfT, and of the rolling stock and
Equipment purchased by said Utah Cen I
raj hallway company, and 10 have said
.lter acquired rolling stock and equip {
ANY, and an equitable proportion of that
cQuired by SAID Utah Central Railway {
company. adjudged TO be subject to the
Zen OF said first mortgage to plaintiff: to
roportion of such rolling stock and S
quipment afterwards acquired by said I
Ia Tan Central Railway. company, is equit- |
oily subject to and to have same aditif iped c
S subject to. the lien of said mort q
age; to have said mortgage foreclose5 c
nd the said property sold in the manner &
fescTlped by law, free from the claims '
[ all parties hereto and free from the 1
laims of all parties whose interests are Z
] any manner represented by any parIv Il
ereto; TO have it adjudged by such de- u
rec oil foreclosure that said sale be made c
the United States marshal for Utah. or b
Tier officer appointed by the court; that a
lid sale be made al public auction ia C
lie highest bidder for cash; in the man L
anu vi tue uOllce prescribed nv i
atute for the sale of real property on and L
nder execution and according to INV h
lu the practice of the court; that any il
aTtles hereto and any of said bond S
oiuers be allowed TO BID at said sale for 6
lie whole or any part or portion of said a
'cperty, and that said first MORTGAGE il
1nds ard unpaid interest warrants be W
;cepted by said officer in payment of L
" bids, at par value. with accrued h
terest thereon, rendered in payment of Ii
~ BIDS. 2s provided in said mortgage: Il
AT said officer execute and deliver to &
purchasers at said sale proper certi- HI
'ates of sale and file duplicates thereof s;
the Office Of the recorder OF the county a.
which the property sold is situated. ( if
at prior 10 as well as after the staul, N
~ time for redemption shall have ev l.,
red, said officer make and deliver to pl
en- and all such purchasers proper deeds a
conveyance of the property sold a. OF
riding 10 its character; and that upon al
g production of such deed thev he iat al
10 possession of the property purchased Ct
them respectively; that the liens If st
y, ana claims of the defendants herein-f Sc
gore referred 10, be adJudged as sub al
dinate in right and subject TO The nIain fiji
rs said mortgage and the lien thereof. tn
d that eacs and al OF The defendants Oh
d all persons in ike situa ion W tn lem co
any OF them. and all persons clairli- no
or 10 CLAIM by, through or under them l.,
any of them, be absolutely barred and aG
reclosed OF and FROM all right and lii
ulIy OF redemption Of, in and 10 an co
"a premises and property sold: that u
id officer bring into court the proceeds y.
sing from said sale, or Il the court So p;
Judge, apply such proceeds, and that an
en- Iroceees be applied as follows. ia. su
!; nat me costs and expenses OF sale, mt
q COSTS, attorneys fees ana expenses fo
This action extra and necessary e,t- 81
asses of plaintiff as trustee and plain Sc
commissions and compensation as CO.
Stee' be nrst paid out of such pro- tn
Ids; that the residue thereof. or so fr,
ch thereof as may be required for that Eel