The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-11

soever, as well in law as in equity, Of the
said mortgagor, of, in and to the same
and every part and parcel thereof, with
the appurtenances. And you are hereby
notified that if you fail to appear and
answer the said amended complaint as
above required the said plaintiff Will ap,
ply to the court for the relief demanded
therein.
Witness the Hon. Samuel A. Mer-
rift, judge, and the seal OF the
District Court Of the T I'M r sudie1ai
of Utah, this 18th day OF July, IN
he 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 AMI
for the Third Judicial district of Utah
territory, county OF Salt Lake. Thomas
Marshall, Samuel p. Teasdel and Lor1n
Farr, trustee, plaintiff, VS.. Salt Lake u
alton, Utah Central Railway company,
a corporation, James McGregor and
Clarence Cary as receivers of said last
named corporation, Central Trust COM
pany of New York, William f. Tolley.
st. Louis Car Wheel company, corpora
ton, William Mann company, corpora
ton, National Bank of the Republic,
corporation, e. c. Coffin Hardware COM
pany, corporation, D. n. Straup, James
Hegney, Thomas Larsen, 3. S. Rupp.
George NJ Scott & Co., corporation,
PettiOone, Mulliken & Co., corporation l
Anton S. Nelson. Adam Duncan. the
Westinghouse Air Brake company, cor
poration, William n. Anderson and
James Anderson. Partners as Wllllam N.
Anderson & Co., Lima Machine WORKS,
corporation, Joseph Goddard. James p.
Lawson, Pet Hendrickson, Peter Lar
son, Gabriel Gaorielson, The Contnenl!tia1l
Oil company, Martha Ann Coombs, Wlll,
Esther Coffin, William V; Black. Charles
Chrismon and Charles Crismon, Jr.,, A. F.
Jones, Gust Jones and August Johnson
| defendants. Summons on amended COM
plant. The People of the terri
tory of Utah send greeting TO
Salt Lake & Fort Douglas, Railway
company, a corporation, Utah Central
Railway company, corporation, James
McGregor and Clarence Cary as receivers
of said last named corporation, Central
Trust company of New York, Wllllam f.
Tolley, ST. Louis Car Wheel company a
corporation, William Mann company, a
corpora ton, National Bank of the Repub-
| lie, a corporation, b. c. Coffin Hardware
company, a corporation. ID. n. Sraup
James Hegney, Thomas Larsen, IL ).
Rupp, George NJ. Scott & Co., corpora
ton. Pettfbone Mulliken & Co. cor
poration Anton S. Nelson, Adam Duncan,
The Westinghouse Air Brake company, a
James Anderson, partners as WlIIiam N
Anderson & Co., Lima Machine WORKS, a
corporation, Joseph Goddard, James L.
Lawson, Pet HendricK s, Peter L La on
company, Martha Ann Coombs. William
Glassman, and Alfred Nilsson. and Esther
! Coffin, William V. Black, Charles ChrlS-
mon and Charles Crismon, lr., a. r.
| Homes. Gust Jones and August Johnson.
! defendants. You are hereby required TO
appear in an action brought against you
by the above named PLAINTIFFS IN the DIS.
| trict court of the Third Judicial district
of the territory of Utah, and TO answer
| the amended complaint filed therein with
in ten days Exclusive of the day OF ser
vice. after the service on you Oh nhls
| or. if served out Of this county, but In
| this district, within twenty days, other
wise within forty days-or judgment ny
| cording to the prayer OF said amended
complaint The said action is brought TO
! have judgment against deIenoanls oalt
Lake & Fort Douglas Railway company my
| the sum of $S00,00O, with interest thereon
! from January l, 1895, to date OF ming
| amended complaint herein, at 8 per cent.
| per annum, for $500 attorneys 1eeS,
sS5O for extra and necessary costs and
| expenses of plaintiffs as trustees, and
| - compensation TO plaanul1S 1or
! their services as trustees, amounting III
| the aggregate including sa1d interest, !o
| q 200 10 co. together with interest on SAID
| PRINCIPAL sum of $500 10000 from this date
| Until the date OF decree herein at per
cent. per annum-and Tor costs Oh sur
| ALLEGED to be due OH certain S0O PONDS
! of the value of $1,000 each, eXecutde by
defendant Salt Lake & Fort Douglas Rail
way company on or about December 81,
! 1894 bearing interest at the rate OF
ner cent. per annum, payable seminar
! nually on the first days OF July ana Jan
uary in each year; no part OF the pIin-
| cipal or interest on sald ponos haVlns
| been paid; same having been secured by
! a first mortgage or deed of trust exc
! cuted by defendant Salt Lake & For.
J Douglas Railway company ana lne Dali
Lake Rock company to pialntllls as .1us-
/ toin
| hereinafter described; said mortgage pc
! ing of record in the recorder once OF
! Salt Lake county, in book N, mort
! cages, pages Ill TO 424 inclusive; oeIeho-
AMI Utah Central Railway company haV-
! ing become vested in the lines OF rail-
Way of said defendant Salt Lake & Fort
Douglas Railway companyi ana properly
! hereinafter described, and having become
| liable TO pay all and singular the sald
| first mortgage bonds OF SAID salt LAKE
e. Fort Douglas Railway company 10
said bonds and said notes ascertained
| and said holders made parties hereto
! if necessary or proper; to have SAID nfs'
mortgage adjudged and decreed TO De
| lien 0pon ali the railroad premises ana
nronerty therein described, and to be
2 lien thereon prior to the lien and claims
| of any of the defendants herein, ana &c
! anv lien or claim thereon accrulng subse-
oI,ent to said first mortgage; to have the
| court ascertain what equipment, rolllns
stock and property was purchased by
| said Utah Western Railway company
| after the execution and delivery of said
! fi1-st mortgage to the plaintiffs, and OF
the rolling stock and equipment pur-
| chased by said Utah Central Railway
co1nnany. and to have said after acquired
rolling stock and equipment of said Salt
Iaka 4, Fort Douglas Railway company
| adiudeed TO be subject to the lien of said
first mortgage to plaintiffs; to have the
court ascertain and fix what proportion
| of such rolling stock ana eQqlpI1ehl a1ter,
wards acquired by said Utah Central
PailWay company is equitably subject to-
and to have same adjudged to be
e,1hiect to. the lien of plaintiffs sale
,noTtpape. TO have a decree of this court
for the foreclosure of said mortgage and
sale of said property in the manner pre-
! scrihed by law and according to the
| course and practice OF the court, Iree IRON
! fine claims of all parties hereto, and free
from the claims of all parties whose in
terests are in any manner represented BY
oDv marty hereto. To have 1t adJudged by
| said decree of foreclosure that said sale
/ ha made nv and under the direction Of
| fine United States marshal for Utah, OF
other officer appointed by the court; thai
| said sale be made at public auction to the
| highest bidder for cash in the manner anC
~, the nor,ce prescribed by statue for the
sale of real property on and under exc
cution and according to law and the
nra ctice Of the court; that any parties
! hereto and any of said bondholders bt
allowed to bid at said sale for the whole
or any part or portion OF SAID property
! and that said first mortgage bonds ant
unpaid interest warrants he accepted
by sad officer in payment of any bids
al nar value with accrued and unpaic
| interest on the amount thereof, rendered
! in pavment OF any bids, as provided il
said MORTGAGE that said officer execute