The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-05

ceeds, or so much thereof as may be re-
Qutred for that purpose be applied 10
plaintiff for principal and interest re-
naming unpaid said first mortgage
bonds, together with interest on said prin-
clpal sum from the date of rhe Judgment
OF uecree 10 the day or sale, at the rate
aroresdid; that the defendants Utah Gem
tral halfway company and Salt Lake g
Eastern Railway company. be adjudged
TO pay any deficiency which may remain
after so applying all. of said moneys thus
applicable thereto. and that plaintiff have
judgment dOcketed against the said two
9e1endants for the amount of such de-
Hclehcy. pending this suit, to have a re-
ceiver or receivers appointed with the
usual powers of receivers in such cases
OF all and singular the mortgaged prop
erty ana premises, rights, privileges, i'm
minutes connected Herewith, and OF
all the rolling stock. machinery, equip
mentS and other property incidental 10
the same: to have said receiver or re-
celvers authorized and directed 10 MAIN
tain and operate said railroad and 10
Keep the same in proper repair. and 10
receive. collect and preserve all the
properly. assets and incomes thereof, and
10 have such directions made with re-
Spect OF such receiverShip aS-may be-
equitable and proper-and for other re-
n l said mortgage being Of record in
the records OF Salt Lake county, Utah,
IN book D.. of mortgages, pages no 10
III inclusive, and also in the records OF
Summit county. Utah. in book No 2. at
premises and property being described as
follows, to-wit: All the railway of said
ooliSor, either constructed or to be con-
structed, beginning at a point near Salt
Lake city. county of Salt Lake. and ter
rltory OF Utah. on the Salt Lake & Fort
Douglas Railway. known as the Sugar
House: thence running easterly, through
Farley canyon and Parley'S Park TO
Park City, in Summit county, a distance
with sidings and spurs of about thirty
five miles, also including the contemplated
branch or extension of said railway OF
said mortgaSor to hamaS Prairie. a dis
lance of twenty-five miles or thereabouts.
or in lieu thereof other branches or ex-
tensions not, however. exceeding twenty
five miles in length, together with the
track or roadway thereon and its aPpur-
tenanceS; including therein all rights OF
way, superStructures. rails, tracks, de-
pots, station houses, shops. warehouses.
car shops, engine houses. machine shops.
repair shops, buildings, SrectionS and
structures necessary for the construction,
opera ton and maintenance of said rail-
way branches and extensions. and all fix
lures. and appurtenances thereunto be-
longing or in anywise appertaining.
whether then owned or possessed or
thereafter TO be acquired by said mort
SaSor, and all ana singular the rolling
stock. equipment and machinery apper-
tanning thereto, then owned or possessed
or thereafter to be acquired by said mort
gagor, and also all the rents, issues, tolls.
incomes. earnings and profits derived
therefrom: and also all the rights. priVil-
eyes, immunities and franchises what
Soever which said mort gagOr then pos
sessed. owned or was entitled unto or
might thereafter become possessed Of
or entitled unto. belonging or
appurtenant to said railway. branches and
extensions. including said mortgagor's
franchise to be a corporation, and also
all the estate. right. title. interest, prop
erty, possession. claim and demand what
soeVer as well in law as in equity. Of the
said mortgagor. of. in, and % 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 viii
apply to the court for the relief demand
ed. herein.
Witness the Hon. Samuel A Mer-
ritt, judge, and 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.