The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-25

from all right and equity Of redemption
2 of, in and to all said premises and prop
erty sold; that said officer bring int,
, court the proceeds arising from said sale
or, II the court so adjudYe, apply sucf
proceeds, and that such proceeds be ap
: piled as follows. to-wit: That costs ant
: expenses of sale and costs, attorenys
; charges and expenses of this action, extra
ana necessary expenses of plaintiffs a:
trustees and plaintiffs commissions anc
compensation as trustees, be first pait
out of such proceeds of sale; that tht
residue or such proceeds, or SO much
thereof as may be required for that pur.
pose. be applied to the payment of tbs
amount adJudged to the pia1nt1ffS for
pr,ncipal and interest remaining unpaid
upon, npoa sad first mortgage bonds
sum from the date of the judgment OF
decree 10 the DAY of sale at the rate
aforesaid; that the defendants Utah
& Fort Douglas Railway company be
adJudSed to pay any deficiency which
may remain after so applying all of sad
moneys thus applicable thereto. and that
sald Two defendants for the amount OF
such cenclency; pending this suit TO have
a receiver or receivers appointed with
ehe usual powers OF receivers IN Such
cases belonging, of all and singular the
mortgaged property and premises, rights,
prWiieses, lmmunities connected there
with, ana OF all the rolling stock, ma
cninery, equipments and other property
incidental to same; to have said receiver
or receivers authorized and directed to
MAINTAIN and operate said railroad and
10 Keep same in proper repair, to receive,
coiiect anu preserve all the property, as
sets ana incomes thereof, and mat such
directions may be made with respect 10
sucn receiVershtp as may lie equitable
! and proper-and for such other and fur
Their relief in the premises or both as
may be Just and equitable. Said mort
gagged premises and property are de-
sscribed as follows, to-wit The railway
line OF the nortgagor, the Salt Lake eS
Fort Douglas Railway company, COM
mencing at point connecting with the
Denver q Rio Grande railway on Eighth
I South street, Salt Lake city, in Sab
Lake county, Titan territory, and running
east to the crossing OF the Utah Central
fstiway with The privilege of connecting
with SAID Utah Central railway by a
separate switch, thence east along said
Eighth South street to Sew nth East street,
East to Ninth South street, thence curry
ing east to and along Ninth South TO
Tenth East street, curving north on to
and along said street along and across
thence curvinS easterly and crossing
Fourth, Third and Second South s.reels
10 the City Gravel block on Twelfth East
street, curvlng ON to First South street,
thence northeast and south by the most
feasible grade to the line of the Fort
Douglas military reservation; thence
across said military reservation easteriy
to the stone quarries, brick fields and
limestone OF the Salt Lake Rock company
in Red Butte canyon, in said Salt Lake
county, and with a branch line running
from said point on said railway COM
pany's line in the military reservation 10
said Salt Lake Rock company's lands
and the Wagner brewery at the mouth Of
Emigration canyon. and with another
branch line running from said com
pany's railway line in Salt Lake city 10
the mouth of Big. Cottonwood canyon, in
Sald salt Lake county and territory of
Utah, and also including all other roads 3
ana branches acquired or to be acquired !
by amendment to their articles of asso- !
cation or otherwise, including therein !
the roadway and track, together with AL
the SuperStructureS, depots, depot (
grounds, station houses, watering places, /
work shops, mechanics shops, machinery, /
side tracks, turn outs, turntables, we-gn- |
ing scales, fixtures, locomotives, tenders,
rolling stock, full equipment, and all [
other property whatsoever which is nee I
essary or ordinarily used in operating
the said railway, and all rights or priv
ileges of way or transit which are now or
may hereafter be constructed, purchased,
acquired, held, possessed or owned by
the said company and pertaining TO said
line of railway, and all corporate rights,
privileges and franchises of said COM
pany, together with all and singular the
tenements, hereditaments and appurten-
ances thereunto belonging or in anywlse
appertaininS, and the reversion and re-
versions, remainder and remainders
rents, incomes, issues and profits thereof,
with all rights, title. interest, estate,
property, possession, claim and demand
in law and in equity, Of the
said Salt Lake & Fort Douglas Railway
Of in and to the same and every part
and parcel thereof; also and including the
following described property OF the afore-
said Salt Lake Rock company: All of
east; all of section 49, township north,
range 2 east, Salt Lake merid;an the
south one-half of the southwest one
quarter, the south one-half of the SOUTH
st /
ter of the southeast one-duarter of sec
ton Is; the south one-half of the north
west one-quarter, the north one-half of
the southwest one-quarter, the south one
half of the northeast one-quarter, the
north one-half of the southeast one-quar-
Ter of section p; the northeast one-quar-
ter of northwest one-Quarter of sec
ion %; and the southeast one-quarter of !
the southeast one-Quarter of section 20,
n township l north, range east, Salt {
Lake meridian; and lots 4, and g. in
section 2; the southeast one-quarter and I
he southwest one-Quarter of the north !
east one-quarter of section II; and the {
southwest one-quarter and the northwest /
,ne-quartef of the southeast one-quarter
northwest one-quarter of section II, in t
ownship ] south. range east, of Salt {
lake meridian; all said land situated, {
ying and being in the county of salt /
lake, Utah territory, and containing .
bout $3.50 acres of rock and brick land, c
ave and except the following piece of !
ana situate III SdIu seClIou Do, being
line and tnree-quarter acres and sold '
" the said Salt Lake Rock company to c
ohm A. Groesbeck, to whose deed refer a
nee is made for a further and more '
pecific description of said nine and three G
uarter acres; together with all and s,n- C
ular the tenements, Entertainments and a
ppuf tenanceS thereunto belonging or in C
nywise appertaining, with the reVersion q
nd reversions, remainder and remain !
ers, rents, issues and profits thereof, /
nth all the rights, title and interest +
state property possession, claim and de- $
land in law or in equity, of the said Salt j
AXE Rock company, of, in and to the r
anne, and every part and parcel there 9
f; together with all and singular the :
ights, franchises and privileges of said S
alt Lake Rock company in and to said u
roperty, and all franchises and rights $
n and over said lands by virtue of its t
organization. And you are z,
ereby notified that if you fail to appear J.
nd answer the said amended complaint L
S above required, the said plaintiffs will n
pply to the court for the relief demand a
therein.
Witness the Hon. Samuel A. Mer- a
rift, Judge, and the seal of said ,
District Court of the Third Judicial n
,eaI) District in and for the Territory q
of Utah, this 18th day of July, in I,
the year of our Lord one thou Z
sand eight hundred and ninety a
five 81
DAVID c. DUNBAR, Clerk. II
BY GEO. d. LOOMS Deputy Clerk. "
IN THE DISTRICT COURT IN AND a
" the Third Judicial District of Utah {.
rritory, county OF Salt Lake. Central VI
rust company of New York, plaintiff r.
!. Utah Central Railway COMPANY. a u
to-, ~