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

pany, corporation, James McGregor and
clarence Cary, as receivers OF said last
/ named company, Central Trust company
I o. New ork, William f. Tolley, st. Louis
Sar nheel company, a corporation, Will
IAN Mann company, a corporation Ma
3 luna. .!oLal sank of the Republic. a corpora
lon' u. q Coffin Hardware company,
CORPORATION, d. n. IStraup, James Heg-
ney; Ihomas Larsen, B. s. Rupp, George
S N; Seott q Co, corporation, Pettibone.
Nelson, Adam Duncan, The Westinghouse
Ar BRAKE company, a corporation, WILL
IAN n Anderson and James Anderson,
pd il as William n. Anderson & Co,
Lima Machine Works, a corporation, Jo-
SSph Goddard. James P. Lawson, Pet
HendrickSon, Peter Larsen Gabriel Cab
Ileison, me Continental Oil company, a
esther Coffin, and the Utah Western
KallWay company, Charles Chrsmon and
Cnaries Srismon, jr., William V. Black,
aired Nilsson and A F. Jones' Gust
Jones and August johnson and William
GIaSsInan, defendants. Summons on
amended complaint The People of the
Ierrltory OF Utah send greeting to Utah
central railway company, a corporation,
1dnes McGregor and Clarence Cary as
TecelVers OF said last named company,
SSeSiiiitiaI trust company of New York,
MllIlam +. Tolley, St Louis Car Wheel
company corporation. William Mann
company, corporation, National Bank
OF the Republic, a corporation. E. c.
1oiillI daraware company, a corporation,
Larsen Is. ). Rupp, George NJ. Scott &
20, corporation, PettiDone, Mulliken
q o. corporation, Anton S. Nelson,
Adam Duncan, The Westinghouse Air
Brake company, a corporation, William
n. Anderson and James Anderson, part
h nf as William N. Anderson x Co.. Lima
Goddard M JAMES fiopg %san Joseph
erickson, Peter Larsen, Gabriel Gabriel
son. The Continental Oil company, a
CORPORATION, Martha Ann Coombs and
nd h.
haiIway company, Charles Chrismon and
Charles Crismon, jr., William V. Black,
lA4iIred Nilsson, and A. F. Jones, Gust
Zones and August johnson and William
lGlassman, defendants. You are hereby
required to appear in an action brought
against you by the above named plain
TN IN the district court of the Third Ju-
olclal district of the territory of Utah.
ana to answer the amended complaint
IlIeQ therein within ten days exclusive
OF the day of service) after the service
on you OF this summons-if served within
inns county, or At served out OF this county
put IN TINS district, within twenty days;
otnerWlse within forty dayS-or judgment
VIII De taken against you, according to
Inc prayer of said amended complaint
Ihis action is brought TO have Judgment
against defendants Utah Western Rail-
way company and Utah Central Railway
company in sum of 100000, with interest
thereon from July l, 1889, to date of filing
amended complaint herein at per cent
per annum, for $500 attorneys fees, $3.50
Tor extra and necessary costs and ex-
penseS of plaintiff as trustee, $500 for COM
pensation to plaintiff for his services as
trustee amounting in the aggregate in.
ciudlng said interest, to SSl9 O5U.OU to-
gether with interest on said principal
sum OF $780, 100000 from this date to date
OF decree herein at per cent. per an
mum, and for costs of suit; alleged to be
que on certain 600 bonds bearing date
July l. 1889, for 81, 900 each, executed by
defendant Utah Western Railway COM
pany, bearing interest at per cent per
annum, payable semi-annually on the LIST
Gays OF January and July in each year;
no part of the principal or interest on
salu ponds having been paid; same having
peen secured by a certain first mortgage
or deed of trust, of even date with said
bonds, executed by defendant Utah West.
ern Railway company to plaintiff, upon
certain premises and property herein
after described, said mortgage being of
record in the recorders office of Salt
Lake county, Utah, in Book 2 E, of mort
cages, pages IS to 20 inclusive; defendant
Utah Central Railway company, having
become the owner and vested with the
railway, hereinafter described and hav-
ing become liable to pay all debts and
obligations of said Utah Western Rail
way company, including all and singular
the said first mortgage bonds of said
Utah Western Railway company; to have
the names of the lawful holders of said
bond and notes ascertained and made
parties hereto if necessary and proper;
TO have a decree of this court adjudgine
said first mortgage lien upon all the
railroad premises and property therein
described and a lien thereon prior to the
liens and claims of any of the defend
ants herein, and to any lien or claim
thereon accruing subsequent to said first
mortgage; to have ascertained by the
court what equipment, rolling stock and
property was purchased by said Utah
Western Railway company after the exc
cution and delivery of said first mortgage
TO plaintiff, and of the rolling stock and
purchased
tral Railway company, and to have said
after acquired rolling stock and equip
ment of said Utah Western Railway COM
pany, and an equitable proportion of that
acquired by saad Utah Central Railway
company, adjudged to be subject TO the
lien of said first mortgage to plaintiff; to
have the court ascertain and fix what
proportion OF such rolling stock and |
equipment afterwards acquired by said
Utah Central Railway company, is eulit- |
ably subject to and to have same adjudged !
as subject to, the lien of said mort |
gage; TO have said mortgage foreclosed |
and the said property sold in the manner |
prescribed by law, free from the claims |
of all parties hereto and free from the |
claims of all parties whose interests are |
in any manner represented by any party !
hereto; TO have it adjudged by such de- |
cree, of foreclosure that said sale be made
by 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 man
statute for the sale of real property on and |
under execution and according to law |
and the practice of the court; that any |
parties hereto and any of said bond |
holders be allowed to bid at said sale for
the whole or any part or portion of said |
property, and that said first mortgage |
bonds and unpaid interest warrants be |
accepted by said officer in payment of |
any bids. at par value, with accrued /
interest thereon, rendered in payment of |
any bids as provided in said mortgage;
that said officer execute and deliver to |
all purchasers at said sale proper certi- |
ficates of sale and file duplicates thereon
in the office of the recorder of the county |
in which the property sold is situated;
tory time for redemption shall have ex-
pired, said officer make and deliver to
each and all such purchasers proper deeds
of conveyance of the property sold ac-
cording to its character; and that upon
the production of such deed they be let
into possession of the property purchased |
by them respectively; that the liens, if
any, and claims of the defendants herein-
before referred 10, be adjudged as sub
ordinate in right and subject 10 the plain
tifs said mortgage and the lien thereof;
and that each and all of the defendants
and all persons in ike situation with them
or any of them, and all persons claim
ing or to claim by, through or under them
or any of them, be absolutely barred and
foreclosed Of and from all right and
equity of redemption Of in and to all
said premises and property sold; that
said officer bring into court the proceeds
arising from said sale, or if the court so
such proceeus be applied as follows to,
wit: That the costs and expenses of sale,
and costs. attorneys fees and expenses
of this action, extra and necessary ex-
penseS of plaintiff as trustee, and plain
tiff S commissions and compensation as
trustee, be first paid out of such pro-
ceeds; that the residue thereof, or so
much thereof as may be required for thai |
fff I