The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-18

SSsHlril RAILWAY company, IN sum OF
S22l,OOo, principal, plus interest thereon
AT per cent. per annum from Novem
per l. 1891, and interest on each of the
interest instruments at same rate from
Tune OF maturity thereof for $4,000 at
torneys' fees, $500 extra and necessary
costs and expenses of plaintim as trustee
and $4,000 for compensation to plaintin
Tor It's services as trustee, amounting IN
the aggregate, including said interest, to
the sum of $3.50, o6s. Il, together with in
terest on said principal sum of s-21,oOC
from this date to date of decree herein at
rate aforesaid, and for costs of suit;
alleged to be due on certain bonds, known
as Consolidated First Mortgage FIVE
Per Cent Gold Bonds, executed by de-
OF the value of $1,000 each, TO the amount
| or said sum Of S22l 600, bearing date May
I l. 1881, with interest at per cent. per
annum, payable semi-annually on May
PENDANT Utah Central Railway company
having made default in payment OF all
interest on said bonds, incIud1ng the cou-
! pons for interest thereto appertainng
which became due and payable May |,
! 1882, and November l, 1892, same being
i due, owing and unpaid, said bonds having
been secured by mortgage or deed OF
/ trust, made, executed and delivered by
i said defendant Utah Central Railway
company to plaintiff as trustee, on or
about May l, 1881 upon certain railways
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 ''S c." of mortgages, pages 43 to 81
inclusive; to have the names of the law
full holders of said bonds aScertalned, ana
! to have said holders made parties here
| in if necessary or proper; to have the
decree of this court adjudging PLAINTIFF s
said mortgage a lien upon all said prem
ises and property, prior to the liens and
claims of any OF the defendants herein,
and prior to any lien or claim thereon
aeeruing subsequent to pLaintlns SAD SAD
closed by such decree, and the property
sold in the manner prescribed by law,
free from the claims of all parties there
to, and from the claims of all parties
whose interests are in any manner repre-
scented by any party hereto; to have it
adjudged by such decree tsat the sale OF
said premises and property be mace
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 bondhoiders 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 &C
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 dupi-
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 prop erty 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
os re- in ioht subject
plaintiffs said mortgage and the lien
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
or under them any of them, be abSo-
lutely barred and foreclosed of and from
all right and equity Of redemption OF, IN
sold that said officer bring into court
the proceeds of said sale, or if the court
SO adjudge apply such proceeds, and that
wit: First-To payment of costs Of sale,
costs and attorneys charges and eX-
penses of this action, extra and neces-
sary expenses of plaintiff as trustee, and
plaintiffs commissions and compensa-
ton as trustee aforesaid; and that the
residue of such proceeds or so much
thereof as may be required for that pur-
adjudged to plaintiff for principal and
interest remaining unpaid on said mort
gage bonds. together with interest on
aforesaid; that the defendant, the Utah
Central Railway company be adjudged
to pay any deficiency which may remain
after so applying all of said moneys thus
applicable thereto, and that plaintiff have
Judgment docketed against said defend
ant for amount of such deficiency; pend
ing this suit, to have a receiver or re-
ceivers appointed, with the usual powers
of receivers in such cases, of all and sin
gular the mortgaged property and prem |
Uses, rights, privileges and immunitiss
connected herewith, and of all the roll |
ing stock, machinery and other property !
incidental to same; and to have said re- |
ceiver receivers authorized and di- |
rected to maintain and operate sald rail- !
and to receive. collect and preserve all !
the property, assets and income thereof, !
and to have such directions made with !
respect to such receivership as may be
have a temporary injunction issue out of |
this court, restraining defendant Utah |
Central Railway company, from inter- /
fering with and transferring, selling or !
disposing of any of the mortgaged prop !
erty or from handing over or delivering /
possession thereof or any part thereof to !
or receivers appointed by. this court, or
plaintiff as trustee. or from doing or /
suffering any act or thing. whatsoever, |
which shall promote such handing over /
and property are described as follows, to-
wit: All the following lines Of railway
of the mortgagor, constructed or to be |
constructed, now owned or hereafter to be /
city, in Salt Lake county, Utah territory,
at junction of North Temple street and
Fourth West street in said city, thence
course of said railroad on said
Fourth West street to Eighth South
street. thence west on said street to a
junction with the Rio Grande Western
railway line. thence east on said street
to Seventh East street, thence south on
Seventh East street to Ninth South
street; thence east on said street
to a junction with Tenth East
the line Of said railroad, as now
Or hereafter located, to a point at the
junction of Thirteenth East and South
Temple. streets. distance of about nine
also Commencing at the Junction of Ninth Ninth
South and Tenth East streets, thence in
a southerly course to place called the
Sugar House, a ! distance I. Of about three
Hence in an easterly course sa through through
Parley's canyon to Park City and Silver
Creek, in Summit county, distance of
about thirty-dve, miles. including ~
n an easterly course to Moons Mill, in
county, a distance of about
miles, including "Y." spurs
and sidingS, thence in an east and south
IF Wolf Greek Pass and to the Duchesne
river and Lake Fork in Wasatch county.
hence easterly via the Uintah river and
Ashley river to the Colorado state line
n Snake Valley, near Peppers ranch, in
niles, including "Y," spurs and sidings.
llso branch line extending from a place
,alled Davis Ranch on the main line on
Provo river; thence in southerly direc-
ion to a point about two miles west Of
deber City, and near to the Provo river,
bt r te nSHnK aa apGrg Of and dI s
ngS: also a branch line beginning at a