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

PidlntlII IN the district court of the Third
Judicial district of the territory of Utah
and to answer the amended complain
nled therein within ten days exclusive Of
the day of service) after the service or
| you OF this summons-if served within
tils county; II served out of this coJ.Ety
put IN this district, within twenty days
otherW1se within forty days-or Judgment
oS default will be taken against you ac-
complaint. The said action is brought
10 nave judgment against defendant Utah
s SenIral Railway company, in sum OF
S1zI,VOO, principal plus interest thereon
a. per cent per annum from Novem-
per 1, 1881, and interest on each of the
interest lnstalmentS at same rate from
Tune of maturity thereof for $4,000 at
torneyS fees, $500 extra and necessary
costs and expenses of plaintiff as trustee,
anu $lo,OOO Tor compensation to plaintiff
Tor It's services as trustee, amounting in
the aggregate, including said interest, to
the sum OF $685. II, together with in
terest on said principal sum of $221 600
from this date to date of decree herein at
rate aforesaid, and for costs of suit;
alieged to De due on certain bonds, known
as Consolidated First Mortgage Five
Fer Cent Gold Bonds executed by de-
PENDANT Utah Central Railway company,
OF the value of $1,000 each, to the amount
OF SAID sum of S221, 600, bearing date May
l, 1881, with interest at per cent. per
annum, payable semi-annually on May
lst and November LIST, in each year; de-
PENDANT Utah Central Railway company
interest on said bonds, including the cou-
pons for interest thereto appertaining
winch became due and payable May. l,
1892 and November l, 1892, same being
Deen secured by a mortgage or deed OF
trust, made, executed and delivered by
said defendant Utah Central Railway
company TO plaintiff as trustee, on or
about May 1, 1891 upon certain railways
and property hereinafter described, said
mortgage having been recorded in records
OF Summit county, Utah, in book &C,
of mortgages, page 81, in records of Wa
satch county, Utah, in book Co." of mort
cages, pages 146 to 166 inclusive, and in
records of Salt Lake county, Utah, in
book % G, of mortgages, pages 43 to 81
inclusive; to have the names of the law
full holders of said bonds ascertained, and
10 have said holders made parties here
IN II necessary or proper; to have the
decree of this court adjudging plaintiffs
said mortgage a lien upon all said prem
Uses and property, prior to the liens and
claims of any of the defendants herein,
and prior to any lien or claim thereon
mortgage; to have said mortgage fore
closed by such decree, and the property
sold in the manner prescribed by law,
free from the claims of all parties there
whose interests are in any manner repre-
scented by any party hereto; to have it
adjudged by such decree that the sale of
said premises and property be made
marshal for Utah, or other officer ap-
pointed by the court; that such sale be
made at public auction to the highest
bidder for cash; that any of the parties
hereto and any of said bondholders be
allowed to bid at such sale, and that
said bonds and all unpaid interest war
rants be accepted by said officer in pay
ment of any bid at par value, with ac-
crued and unpaid interest on the amount
thereof as provided in said trust deed
or mortgage; that said officer execute
and deliver to all purchasers at said sale
proper certificates of sale and file dupli-
Gates thereof in the office of the recorder
of the county in which the property sold
is situated that prior as well as after
the statutory time for redemption shall
have expired said officer make and deliver
to each and all purchasers proper deeds
of conveyance of the property sold ac-
cording to its character, and that upon
production of such deeds, they be let into
possession of the property purchased by
them respectively. That the liens, If any,
and claims of the defendants be adjudged
as subordinate in right and subject to the
thereof, and that each and all of the de-
PENDANTS and all persons in like situa-
ton with them or any of them and all
persons claiming or to claim by, through
)r under them or any of them, be abSo- |
utely barred and foreclosed of and from
LII right and equity of redemption of, in
Ind to all of said premises and property
sold; that said officer bring into court
20 adjudge apply such proceeds. and that
such proceeds be applied as follows, to- |
Wit: First-To payment of costs of sale, !
'osts and attorneys charges and ex-
ary expenses of plaintiff as trustee, and !
PLAINTIFFS commissions and compensa- !
ion as trustee aforesaid; and that the |
esidue of such proceeds or so much !
hereof as may be required for that pur-
,ose, be applied to payment of amount |
Ldjudged to plaintiff for principal and |
interest remaining unpaid on said mort
age bonds, together with interest on
foresaid: that the defendant, the Utah
CENTRAL Railway company be adjudged
o pay any deficiency which may remain
fter so applying all of said moneys thus
pplicable thereto, and that plaintiff have
Judgment docketed against said defends
mt for amount of such deficiency; pend
1g this suit, to have receiver or re-
eivers appointed, with the usual powers
f receivers in such cases, of all and sin
ular the mortgaged property and prem
ses, rights, privileges and immunities
Herewith, and of all the roll
lg Stock machinery and other property
accidental to same; and to have said re-
eiver or receivers authorized and di-
ected to maintain and operate SAD rail-
Dad and to keep same in proper repair
nd to receive, collect and preserve all
he property, assets and income thereof,
nd to have such directions made with
aspect to such receivership as may be
ana Ior other reheI, also, 70
ave a temporary injunction issue out of
lis court, restraining defendant Utah
entral Railway company, from inter-
ering with and transferring, selling or
isposing of any OF the mortgaged prop
rty or from handing over or delivering
thereof or any part thereof to
ny person or party except the receiver
: receivers appointed by. this court, or
1ffering any act or thing whatsoever,
hich shall promote such handing over ]
delivery. Said mortgaged premises
nd property are described as follows. to- ]
it,: All the following lines OF railway
the mortgagor, constructed or to be
now owned or hereafter to be
,quired, namely: Beginning at Salt Lake :
ty, in Salt Lake county, Utah territory, ]
ourth West street, in said city, thence {
blowing course of said railroad on said s
ourth West street to Eighth South /
rect, thence west on said street to
,ilway line, thence east on said street !
Seventh East street, thence south on i
,venth East street to Ninth South 1
rect; thence east on - said street t
g line of said railroad, as now t
hereafter located, to a point, at the i
notion of Thirteenth East and South /
lies, including ''Y, spurs and sidings O
so commencing at the junction of Ninth t
uth and Tenth East streets, thence in b
southerly course to place called the a
gar House, a distance of about three s
lies, including ~ spurs and sidings, &
ence in an easterly course through e
lrley's canyon to Park City and Silver t
eek, in Summit county, a distance of a
out thirty-fve miles, including ~" Fl
urs, sidings and safety switches, thence C
an easterly course to Moons MIL, in o
asatch county, a distance of about a
enty-seven miles, including "Y,'' spurs t
d sidings, thence in an east and south j,
sterly course to point in the vicinity S
Wolf Creek Pass and to the Duchesne n
,er and Lake Fork in Wasatch county. f,