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

gagor Tor the construction, maintenance,
operation, repairing and replacing of The
said lines of railway and each OF them,
and all other corporate properly, real ana
personal, of the mortgasor; together with
ali ana singular the tenementS, ner51lta-
ments and appurtenances thereunto De-
| longing or In anywise apper aiming and
the reyerSson and revers4ons, remainder
and remainderS, rents, issues and proh 5
thereof and also all the estate, right,
| title, interest, property, possession, claim
and demand Wha tsoeVer, as well in law
as in equity. of the mortgagor. OF. in
and to the above described premises ana
| properly, and every part and parcel there
| OF, with the appurtenanceS and all the
! rights, privileges and franchises and i'm
| munitleS of the mortgagor. And you are
hereby notified that ii you fail to appear
| and answer said amended complaint as
! above required, the said plaintiff vii ap-
Ply to the court for the relief demanded
| therein.
Witness the Hon. Samuel A. Mer-
rift, Judge, ana 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
the year Of our Lord one thou
sand eight hundred and ninety
five.
DAVID C. DUNBAR. Clerk.
BY GEO d. LOOMS, Deputy Clerk.
IN THE DISTRICT COURT IN AND
| for the Third judicial District of Utah
! territory, county of Salt Lake. Knicker-
booker Trust company, corporation,
pany, corporation, James McGregor and
! Clarence Cary as receivers of said last
named company, Central Trust company
81 New fork, corporation, ST. Louis
Car wheel company, corporation, Will
lam Mann company, corporation, Z. Z.
Coffin hardware company, a corporation,
George NJ Scott & Co, corporation.
Salt Lake &c Eastern Railway company,
corporation, William +. Tolley, D. n.
Straup, James Hegney, Thomas Larson,
3. S. Rupp. Pettibone, MulIiken & Co.,
Duncan. The Westinghouse Air Brake
company, a corporation, William n. An
dersCn anu James Anderson, partners as
William N. Anderson & Co., Lima Ma
chlne works, a corporation, Joseph God
dard, James p. Lawson, Pet Hendrick-
son. Peter Larson. Gabriel Charleston.
The Continental Oil company, Martha
Ann CoomDs. Charles Chrismon and
Alfred Nilsson. A. f. Jones, Gust Jones
and August johnson and Esther Coffin
and National Bank of the Republic, a cor
poraton, and William GiasSman, defend
ants. summons on amended complaint
The People of the territory of Utah send
greeting 10 Utah Central hallway COM
pany, corporation, James McGregor and
Clarence Cary, as receivers OF sad last
named company, Central Trust company
OF New York. corporation. ST. Louis
Car Wheel company, corporation, Will
Comm hardware company a corporation,
George NJ. Scott & Co, a corporation,
Salt Lake & Eastern Railway company,
a corporation, William r. FOLEY, d. n.
Straup, James Hegney, Thomas Larson,
b. 5. Rupp, Pettibone, Mulliken & Co.,
a corporation, Anton S. Nelson, Adam
Duncan, The " estinghouse Air Brake
company, a corporation, William n. An
derson and James Anderson, partners as
William n. Anderson & Co., Lima Ma
chine Works, a corporation, Joseph God
dard, James P. Lawson, Pet Hendrickson,
Peter Larson, GABRIEL Gabrielson, The
Continental Oil company, Martha Ann
Coombs. Charles Chrismon and Charles
CrIsmon. jr., William V; Black. ALFRED
Nilsson, A +. Jones, Gust Jones and
August johnson and Esther Coffin, anu |
National Bank of the Republic, a corpor- |
alton, and William Gsassman, defendants |
You are hereby required 10 appear in an |
action brought against you by the above
named Plaintiff IN the district court OF !
the Third Judicial district OF the terri |
tory OF Utdh, and TO answer the amended !
complaint filed therein within ten days |
exclusive of the day of service) after the J
service on you of this summons-it served +
within this county. or, If served out OF \
this county, but in this district, within \
twenty days, otherwise within forty days X
or judgment by default will be taken I
said amended complaint This action is !
brought 10 have judgment against defend |
ants Salt Lake & Eastern, and Utah Cen
trail Railway com panies, in sum of ST.
200, 900, with interest thereon from July
l, 1883, to date of filing amended complaint
herein at per cent per annum; for $500 =
attorneys ices, lot you Ior extra ana
necessary costs and expenses OF plaintiff /
as trustee, and $1,000 for compensation TO
plaintiff for its services as trustee,
amounting in the aggregate including
said interest to 81, 713 5000, together with /
interest on said principal sum of $780,,
600 from this date TO date of decree here
in at per cent. per annum and for costs
of suit; alleged to be due on certain LOO |
bonds of date July J. 1885, for 81 600 each,
executed by defendant Salt Lake & East
ern Railway company, same bearing in
terest at per cent. per annura, payable !
semi-annually, the interest on said bonds,
and the principal thereof, being due and /
wholly unpaid; said bonds having been
secured by certain mortgage or deed
tiff by said Salt Lake & Eastern Rail-
way company, upon certain premises and
property hereinafter described; defendant
Utah Central Railway company being
lines of railway mortgaged as aforesaid,
and having assumed and become liable
to pay all the debts and obligations OF
said Salt Lake .6S Eastern Railway COM
pany, including all and singular the said
irst mortgage bonds; to have the names
of the lawful holders of said bonds and
made parties hereto, if necessary or |
proper; to have said first mortgage adj
judged to be a lien upon all the railroad
premises and property therein and mere
prior to the liens and claims of any Of
the defendants herein, and to any lien
or claim thereon accruing subse
quent to said first mortgage; to have
the court ascertain what equipments, roll
ing stock and property was purchased
by said Salt Lake & Eastern Railway
company after the execution and delivery
of said first mortgage to plaintiff, and of
the rolling stock ana equipment purchased
by said Utah Central Railway company,
and to have said after acquired rolling
stock and equipment Of the said Salt Lake
& Eastern Railway company, ana an
equitable proportion of that acquired by
the said Utah Central Railway company,
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
acquired by said Utah Gem
trail Railway company is equitahly SUBJ
ject to and to have same adjudged as
subject to. the lien OF plaintiffs said
mortgage; to have decree of this court
for the foreclosure Of said mortg gage and
sale of said property and premises in
prescribed by law. free from the
claims OF all parties thereto and free Ii
from the claims of all parties whose in
terests are in any manner represented by
any party hereto; TO have IL adjudged by
such decree that said sale be made under
the direction of the United States mar
shall for Utah, or other officer appointed
py the court; that said sale be made at
public auction to the highest bidder for
"a sh in the manner and on the notice pre-
5cribed by statute for sale of real property
under execution and according to law;
that any parties hereto ana any Of said
be allowed TO bid at said
sale for the whole or any part OF said
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 and I'M