The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-02
SUM MONS,

| sSH.eiior trust company, a corporation
plaintlH, VS.. Utah Central Railway com
Pahy, corporation, James McCregor. an
Slare1ce Cary, as receivers of said las
named company, Central Trust compan.
a. - r>T 1a, ORR, William T. Tolley ST Loui
Sdr wheel company, Corporation. Will
ian. IAN Mann company, a corporation. Ma
t tiiondl Bank of the Republic. a. CORPORA
c ion, u; Z. Coffin Hardware company, :
new POI T dtion, y n. Straup, James Heg
NY, 1nomaS Larsen, 5. S. Rupp. Georg
NJ M,,, HGott d Co, corporation, Pettibone
M nuiilkeh d Co, a corporation, Anton S
N;S a., ADAM Duncan, The Westinghous,
lam dhe company, a corporation, VIII
&c, ,ei ~. N. Anderson and James Anderson
Paar.ners as William n. Anderson & Co.
LIMA machine Works, a corporation. 10
H fem iGGGedard. b. James ?. Lawson, Pc
iaelson, The Continental Oil company. 3
corporation, Martha Ann Coombs ans
Ibsther Coffin, and the Utah Western
Hfsha a,Say company, Charles Chrismon and
14a d!.n Nilsson and A. F.. Jones, Gust
Zones Jones and August johnson and William
GIassman, defendants. Summons on
a sdeil complaint. The People of the
C1t.oIy Oh Utah send greeting to Utah
central Railway company, a CORPORATION.
SdLleS McGregor and Clarence Cary as
TTeeelVers of said last named company.
Wilijam 4ru s,o,, company of New York,
company, a corporation, William Mann
conpahy, corporation, National Bank
VI me republic, a corporation, e. c.
n INV ~ ftSa t company, d corporation,
-. n. Strdup, James hegney Thomas
Larsen, b. >. Rupp, George NJ Scott e,
%, corporation, Pettibone, Mulliken
q % corporation, Anton S. Nelson.
R 3uala duncan, The Westinghouse Air
N. ANDERSON and James Anderson. part
Hf as William n. Anderson & Co, Lima
G aadi5liie works, corporation, Joseph
S G9ioGqara' James p. Lawson, Pet Hem
~. I
e ooIi, ne CONTINENTAL Oil company, a
corporation, Martha Ann Coombs and
P PsIlr Colin, and the Utah Western
iSba,iey company, Charles Chrismon and
A1llreo Nilsson, and A. F. Jones, Gust
SYlleS and August Johnson and William
IidsSman, defendants. You are hereby
= = oqGlleu 10 appear IN an action brought
az aihsl you by the above named plain
IN IN the district court OF the Third Ju-
ulcial district of the territory of Utah.
anu anu 10 answer the amended complaint
tifeu thereln within ten days exclusive
VI the DAY OF service) after the Service
On you OF this summons-if served within
s Inns county, or ii served out OF this coun.V
but IN this district, within twenty DAYS:
Iii w, wise Wlthn forty days-or Judgment
VIII be taken against you, according to
1Lne prayer of said amended complaint
ms action is brought TO have Judgment
against defendants Utah Western Rail
e "aS company and Utah Central Railway
thereon from July !, 1859, to date of filing
amended complaint herein at per cent
per annum, for $500 attorneys. fees. $3.50
o 1or ezra f ana necessary costs AMI ex-
lenses Vi -plalntl1 as trustee, $500 for COM
to plaintiff for his services as
Iustee, amounting in the aggregate. in.
eludlng said interest, to $Sl9O5U.J0 to-
seIher with interest on said principal
sum OF $6OO,OO0.0O from this date to dare
u decree herein at per cent ner an
lufn, and for costs of suit; alleged to he
lue on certain 500 bonds bearing date
, ,efS l, 1893; tor $1,000 each, executed by
ie1eHuant Utah Western Railway COM
'dhy, bearing interest at G per cent. per
innum, payable semi-annually on the 1st
lays OF January and July in each year:
~ part OF the principal or interest on /
'een secured by certain first mortgage
II deed of trust, of even date with sand |
'onos, executed by defendant Utah Wesr>
IN ar+o hiahway company to plaintiff, upon
Tier described, said mortgage being of |
ecord in the recorders office of Sail
AXE county, Utah, in Book K, of mort
ages pages 5S to 20 inclusive; defendant
ecome the owner and vested with the
mes of railway of said Utah Western
allway, hereinafter described, and hay
- % become liable to pay all debts and
,ay company, including all and singular
le sad first mortgage bonds of said
tan Western Railway company; to have
ne names OF the lawful holders of said
ond and notes aScertained and made
artieS hereto if necessary and nroner.
nave decree of this court adiudeing
i!d nrst mortgage a lien upon all the
lllroad premises and property therein
ems and claims of any of the defend
nts herein, and to any lien or claim
lereon accruing subsequent to said first
, to have ascertained by the
,operty was purchased by said Utah
estern Railway company after the exc
luon and delivery of said first MORTGAGE
plaintiff, and of the rolling stock and ;
! III N mp purchased by said Utah Cen
al railway company, and to have said
ter acquired rolling stock and euuip- ;
ent of said Utah Western Railway com
my, ana an equitable proportion of that
qulrea by SAID Utah Central Railway
mpany, adJudged to be subject to the
IN OF said first mortgage to plaintiff: to
I've the court ascertain and fix what I
oporuon Of such rolling stock and
u u I men afterwards acquired by said
tab Central Railway company, is eouit- l
ly subject to and to have same adjudged {
subject TO, the lien of said mort {
ge; to have said mortgage foreclosed, {
10 the sald property sold in the manner {
escrlbed by law, free from the claims '
all parties hereto and free from the
aims of all parties whose interests are l
any manner represented by any party l
reto: to have it adjudged by such de- l
ee OF foreclosure that said sale be made c
the United States marshal for Utah. or /
ner o11lcer appointed by the court; that a
I'd sale be made at public auction TO C
highest bidder for cash; in the man |
ana on the notice prescribed by !
1tute for the sale of real property on and t
der execution and according to law h
q the practice of the court; that any j
lders be allowed to bid at said sale for 6
2 whole or any part or portion of said a
operty, and that said first mortgage il
nds and unpaid interest warrants be v
cepte9 py salo officer in payment of l
Y bids. at par value, with accrued h
crest thereon, rendered in payment of Ii
Y bids as provided in said mortgage; Il
Ii SAID officer execute and deliver to &
purchasers at said sale proper certi- h
ates of sale and file duplicates thereof S
the office OF the recorder of the COUNTY a
which the property sold is situated. il
IT prior to as well as after the statu- n
Y time for redemption shall have ey- Ii
ed, said officer make and deliver 70 D
IN and all such purchasers proper deeds a
conveyance of the property sold ac o
ding to its character: and that upon a
production Of such deed they be let q
o possession of the property purchased c,
them respectively; that the liens, if 81
', and claims of the defendants herein s;
ore referred to, be adjudged as SUBJ a
Innate in right and subject TO the plain ii
s said mortgage and the lien thereof: Il
that each and all of the defendants cl
all persons in like situation with them C,
any of them, and all persons claim RI
or to claim by, through or under them L
any of them. be absolutely barred and a,
eclosed of and from all right and iii
ity of redemption of, in and to ali cC
4 premises and property sold; that OF
/ officer bring into court the proceeds W
sing from said sale, or if the court so r
Judge, apply such proceeds, and that al
h proceeuS be applied as follows. to, 81
3: That the costs and expenses of sale m
| costs. attorneys fees and expenses fo
this action, extra and necessary eX- Sd
ses of plaintiff as trustee, and plain sc
s commissions and compensation as CO
stee. be first paid out of such pro- tn
ds; that the residue thereof, or SO fr
ch thereof as may be required for that te