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


Lon r!oaal Bank of the Republic, a corpora.
eion, ~ Z. Coffin Hardware Company. q
oey poTTahuon, y. n. Straup. James Heg.
M. scott d Co. corporation, Pettibone
ANulIIken q Co, a corporation, Anton S.
| Nate n Adam Duncan, The Westinghouse
in, N dhe company, a corporation, Will
, ell N. ANDERSON and James Anderson,
PareherS as William n. Anderson d Co.
Luna Luna Machine Works, a corporation, Jo-
ZEN Hendri SRRaoalo p. James ?. Lawson, Pet
rlelSoI, The Continental Oil COMPANY. a
COZ poratlon, Martha Ann Coombs, and
PPs siiit. Conln, and the Utah Western
5000 fSnalTay company, Charles Chrismon and
1TniLLeo NILSSON and a. f. Jones, Gust
ZONES ZONES and August johnson and William
am 1I,Il, co,1 GeTIen im1 summons IN
territory OF Utah send greeting TO Utah
SSeltIai hallway company, a corpora ton,
JdlheS McGregor and Clarence Cary as
CS erfrej T OIL said last named company,
N N.iI;a trust company of New York,
o w rIildLn n FOLEY, St Louis Car Wheel
o ootripsny' corporation, William Mann
oe lpahy, corporation, National Bank
Cof1in 9a n rd,,c a corporation, E. c.
n ~ aSardware company, a corporation,
N. Straup, James Hegney, Thomas
"a sen d. >. Rupp. George N. Scott &
T. corporation, Pettibone, Mulliken
fRe ua1la duncan, The Westinghouse Air
Drdke company, a corporation, William
N. Anderson and James Anderson, part
-tSis as William n. Anderson q Co., Lima
Goddard, James P. Lawson, Pet Hen
erickson, Peter Larsen, Gabriel Gabriel
Sons ne Continental Oil company.
corporation, Martha Ann Coombs and
Esther Coffin, and the Utah Western -n
hallway company. Charles Chrismon and
fCnarieS Crismon, jr, William V. Black.
l14AlIreo Nilsson, and A. F. Jones, Gust
Jones and August johnson and William
IGIasSman, defendants. You are hereby
required TO appear in an action brought
AGAINST you by the above named plain
w IN the district court of the Third Ju-
olcla4 district of the territory of Utah,
ana TO answer the amended complaint
Hled therein within ten days exclusive
Oh the day OF service,) after the service
On On you OF this summons-if served within
Luis county, or IL served out Of this coun v
put IN this district, within twenty days;
otherWlse within forty days-or Judgment
WI Mill De taken against you, according to
rms acuon is brought to have judgment
against defendants Utah Western Rail-
way company and Utah Central Railway
company in sum of S60o,oOO with interest
amended complaint herein at 8 Der cent
per annun, for $500 attorneys fees, $3.50
Tor extra and necessary costs and ex-
penses OF plaintiff as trustee. $500 for COM
pehsauon to plaintiff for his services as
trustee, amounting in the aggregate, in.
cIuQlng SAID interest, to SSlq 0JU. CO. to-
gether with interest on said principal
sum of $500, 10000 from this date to date
of decree herein at per cent. per an
mum, and for costs of suit; alleged to be
due on certain 800 bonds bearing date
S Sufy I, 1883; for $1,000 each. executed by
pany, bearing interest at per cent. per
annum, payable semi-annually on the lst
days or January and July in each year;
no part OF the principal or interest on
SAD bonds having been paid; same having
Deen secured by certain first mortgage
or deed of trust, of even date with said
oonoS, executed by defendant Utah West
ein hahWay company to plaintiff, upon
certain premises and property herein
after described, said mortgage being OF
record in the recorders ONCE of Salt
Lake county, Utah, in Book 2 Z, of mort
cages, pages 5S to 20 inclusive; defendant
Utah Central Railway company, having
become the owner and vested with the
lines of railway of said Utah Western
railway, hereinafter described, and hay
Obligations of said Utah Western Rail.
way company, including all and singular
me SAD i1rst mortgage bonds of said
Utah Western Railway company: to have
the names of the lawful holders of said
bona ana notes ascertained and made
parties hereto If necessary and proper;
to have decree of this court adjudging
SAID nTrst mortgage a 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 !
anus 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 !
cuuon and delivery of said first mortgage !
TO plaintiff, and Of the rolling stock and |
equipment purchased by said Utah Cen |
lTa1 railway company, and TO have said |
after acquired rolling stock and equip |
ment of said Utah Western Railway com |
pany, ana an equitable proportion of that |
acquired by. said 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 |
of such rolling stock and |
equipment afterwards acquired by said !
Utah Central Hallway company, is equit-
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
n any manner represented by any party
cree Of foreclosure that said sale be made
by the United States marshal for Utah. or
other officer appointed by the court; that
'aid sale be made at public auction to
ler and on the notice prescribed by
statute for the sale Of real property on and
lnder 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
he whole or any part or portion of said
property, and that said first mortgage
ponds and unpaid interest warrants be
accepted by said officer in payment of
my bids, at par value with accrued
interest thereon, rendered in payment of
my bids as provided in said mortgage;
hat said officer execute and deliver to
Ill purchasers at said sale proper certi-
lcates OF sale and file duplicates thereo%
n the office of the recorder of the county
n which the property sold is situated:
hat prior 10 as well as after the statu,
DRY time for redemption shall have ex-
bred said officer make and deliver to
ach and all such purchasers proper deeds
ording to its character; and that upon
he production Of such deed they be let
nto possession of the property purchased
y them respectively; that the liens, if
'efore referred to, be adjudged as sub
rdinate in right and subject to the plain
IFS said mortgage and the lien thereof;
nd that each and all of the defendants
nd all persons in like situation with them
T any of them, and all persons claim
ng or to claim by, through or under them
r any of them, be absolutely barred and
oreclosed of and from all right and +
guilty Of redemption of. in and to ali
aid premises and property sold; that
aid officer bring into court the proceeds
rising from said sale, or if the court SO
djudge, apply such proceeds, and that
UGH proceeus be applied as follows, to,
nit: That the costs and expenses of sale
nd costs, attorneys fees and expenses
f this action, extra and necessary eS-
enses Of plaintiff as trustee, and plain
ifs commissions and compensation as
rustee, be first paid out of such pro- I
eeds; that the residue thereof or so !
luch thereof as may be required for that
urpose, be applied to the payment Of {
mount adjudsed to pfaintiff for principal
nd interest remaining unpaid upon said |
rst mortgage bonds, together with in /
crest on said principal sum from the
al of the Judgment dacraa n G