The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-05

rift, Judge, and the seal OF the
District Court of the Third Judicial
(Seal) District in and for the Territory
of Utah, this 18th day of July. in
s'he year of our Lord one thou
sand eight hundred and ninety
DAVID C. DUNBAR, Clerk.
By GEO. ID. LOOMS, Deputy Clerk.
IN THE DISTRICT COURT IN AND
for the Third Judicial district Of Utah
territory, county of Salt Lake. Thomas
Marshall, Samuel p, Teasdel and Lorin
karr, trustee, plaintiff, VS.. Salt Lake q
alton, Utah Central Railway company,
a corporation. James McGregor and
Clarence Cary as receivers of said last
named corporation, Central Trust COM
st. Louis Car Wheel company, a corpora
ton, William Mann company, a corpora
ton, National Bank of the Republic, a
corporation, e. c. Coffin hardware com.
Hegney, Thomas Larsen, B. S. Rupp.
George NJ. Scott & Co, corporation.
Pettibone, Mulliken & Co., a corporation,
Anton 5. Nelson, Adam Duncan, The
Westinghouse Air Brake company, cor
poration, William n. Anderson and
James Anderson, partners as William n
Anderson x Co., Lima Machine W orkS,
a corporation, Joseph Goddard, James +.
Lawson, Pet Hendrickson, Peter Lar
son, Gabriel GaDrieison, The Continental
Oil company, Martha Ann Coomos, Will
lam Glassman and Alfred Nilsson and
Esther Coffin, William V. Black. Charles
Chrismon and Charles Crismon, jr., A. f.
Jones, Gust Jones and August johnson,
defendants. Summons on amended COM
plant. The People OF .rt the terri -
Salt Lake & Fort Douglas Railway
company, corporation, Utah central
Railway company corporation, James
McGregor and Clarence Cary as receivers
of SAID last named corporation, Central
Trust company of New York, William +.
FOLEY, st. Louis Car Wheel company,
corporation, William Mann company, a
corporation, National Bank of the Repub-
lie, a corporation, h. G. Coffin Hardware
company, a corporation, y. n. STauP.
James Hegney, Thomas LAr.en, Is. 5.
Rupp. George NJ Scott & Co, a corpora
pora ton, Anton 5. Nelson, Adam Duncan,
The Westinghouse Air Brake company, d
corporation, William n. Anderson and
James Anderson, partners as William N.
Anderson & Co., Lima Machine Works, a
corporation, Joseph Goddard, James T.
Lawson, Pet Hendrichson, Peter Larson,
Gabriel Gabrielson, The Continental Oh
company, Martha Ann Coombs, William
Glassman, and Alfred Nilsson, and Esther
Coffin, William V. Black Charles Chris
mon and Charles Crismon, Jr., A. +.
Jones, Gust Jones and august Johnson,
defendants. You are hereby required TO
appear in an action brought against you
by the above named plaintiffs IN the dis
trict court of the Third Judicial district
the LSTTllOTy VI eiho W oASWN A
the amended complaint filed therein with
in ten days exclusive of the day of ser
vice. after the service on you OF this
summons-if. served within this county,
or, if served out of this county, but IN
this district, within twenty days. other
wise within forty days-or judgment by
default will be taken against you, &C
cording to the prayer OF sad amended ed
have judgment against defendants SAT-
Lake & Fort Douglas Railway company
and Utah Central Railway company, for
the sum of $500, Goo with interest thereon
from January /, 1895, to date of filing
amended complaint herein, at per cent.
per annum, for $500 attorneys fees,
$3.50 for extra and necessary costs ana
expenses of plaintiffs as trustees, and
compensation to pla.inuifS for
their services as trustees, amounting IN
the aggregate including said interest, to
$1,3O9, l5O.0O, together with IL interest on sac
principal sum of $500 OOO.OO from this date
until the date OF decree herein at per
cent per annum-and for costs or SUIT,
alleged to be due on certain 500 bonds
of the value of 81 600 each, eXecutde by
defendant Salt Lake & Fort Douglas Rail-
Way company on or about December 81,
1894 bearing interest at the rate OF b
per cent. per annum, payabie seml,an-
nually on the first days OF July and jan
uary in each year; no part OF the prln-
cipal or interest on said bonds having
been paid; same having been secured by
first mortgage or deco OF trust exc.
Douglas Railway company and the salt
Lake Rock company to plaintiffs as trus-
tees, upon certain premises and property
hereinafter described; said mortgage be.
inv of record in the recorders office of
Salt Lake county, in book n, mort
cages, pages AL to 424 inclusive; defend
ant Utah Central Railway company nay
ing become vested in the lines OF rail-
wev of said defendant Salt Lake & Fort
Douglas Railway company, and property
hereinafter described, and having become
liable TO pay all and singular the sald
first mortgage bonds of said Salt Lake
& Fort Douglas Railway company; 10
have the names of the lawful holders or
said bonds and said notes ascertalned,
and said holders made parties hereto,
if necessary or proper; to have said first
mortgage adjudged and decreed to be
lien upon ali the railroad premises and
property therein described, and to be
a lien thereon prior to the lien ana claims
of any of the defendants herein. and to
anv lien or claim thereon accru1ng Subse-
quent to said first mortgage; to nave the
court ascertain what equipment, rolling
said Utah Western Railway company
after the execution and delivery OF said
first mortgage to the plaintiffs, and of
the rolling stock and equipment pur-
company, and to have said after acquired
YoIIinp stock and equipment of said Salt
Lake & Fort Douglas Railway company
adjudged to be subject 70 sne eh ho OF s th
court ascertain and fix what proportion
of such rolling stock and equipment after
wards acquired by said Utah Central
p AWAY company is equitably subject to,
and to have aD o adI p1ant to sa Gs
,,oo,teaqe TO have a decree of this court
for for the the foreclosure of said mortgage and
sale of said property. in the manner pre-
scribed by law and according to the
course and practice of the court, free from
the claims of all parties hereto, 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
said decree of foreclosure that said sale
he made by and under the direction of
the United States marshal for Utah, or
other officer appointed by the court; that
said sale be made at public auction to the
highest bidder for cash in the manner and
on the nouce prescribed by statue for the
sale of real property on and under exc
cution and according to law and the
practice of the court; that any. parties
hereto and any of said bondholders be
allowed to bid at said sale for the whole
or any part or portion of said property,