Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-05-22
Defendants.

of New Mexico at Santa Fe, and
George G. Preston,
Defendants.
Whereas, in and by the decree of the
said District Court in the above entitled
cause, rendered on the 9Th day of April,
A. d. 1895, and duly entered therein, the
sum of $l,l6O,23s.S3 was found and ad-
judged to be due and payable to the said
complainant, for principal and interest
of the first mortgage bonds issued by the
said The Texas, Santa Fe and Northern
Railroad company, under the provisions
of certain deed of trust for the security
of the said bonds, made and delivered by
the said Railroad Company to the COM
plainant, and bearing date the 18th day
June, A. D. 1882, and recorded in the Of
flee of the probate clerk and ex-of1icio re-
corder of the said County of Santa Fe, on
the 18th day of July, A. d. 1882, in Book
G of Mortgage Deeds, at pages &c to IS,
inclusive, whereby the said Railroad
Company conveyed to the said complain
ant, as trustee, all and singular the prop
erty, franchises, rights and subject-mat-
ter, particularly described in the said
deed of trust and in the said decree, in
Guiding all the right, title and interest
which the said Railroad Company, The
Texas, Santa Fe and Northern Railroad
Company, then had, or might at any
time thereafter acquire, in or to all and
singular the railroad of the said The
Texas, Santa Fe and Northern Railroad
Company, and also all the other railroads
belonging to, or thereafter to be ac-
quired by, the said Railroad Company,
together with all the lands, tracks, lines,
rails, bridges, ways, buildings, piers,
wharves, structures, erections, fences,
walls, fixtures, franchises, privileges, and
rights or vue said Railroad Company and
also all locomotives, engines, tenders,
cars, carriages, tools, machinery, manu-
featured and unmanufactured materials,
coal, wood and supplies, of every kind,
belonging or appertaining to the said
Railroad Company; also all the tools, in
comes, issues and profits, arising out of
the said property, and all right to receive
and recover the same; also all estate,
right, title and interest Of the said, The
Texas, Santa Fe and Northern Railroad
Com pany in and to any and all real es-
UtUe D6lOlglHR W Ull0 bdlu dlbO
all leaseholl lands, with buildings there
on erected; also all piers, bulkheads and
water fronts; also all estate, right, title
and interest of the said Railroad Com
pany in any other corporation; it being
intended thereby to convey to the COM
plainant, under and by virtue of the afore-
said description, all and every right, title
and interest of the said Railroad Com
pany in or to the premises above men.
toned or described, whether as lessees, or
as holders of the stock or bonds of any
other corporation, association or organ.
ization, or however such interest of the
said Railroad Company may ba regarded
in law, or in equity, as subsisting or in
herring in the aforesaid premises, or any
part thereof; it being the true intent and
meaning of the said deed of trust that the
said Railroad Company should, and did
convey to the said complainant all and
all manner of franchises, of every kind
and description, however derived, and
wherever situate, all and all manner OF
real estate, or interest therein, wherever
such real estate may be situate, and all
and all manner of personal property, oil
whatever nature or description the same
might be at the date of the said deed OF
trust, owned or possessed By the said Rail.
road Company, or which might at any time
thereafter during the continuation of the
said trust, be acquired by the said Rail
road Comps and also all chooses in &C
ton, of every kind and description, in.
ending bills receivable, book accounts
traffic balances, all books of record and
accounts of every kind and description
all papers, maps, inventions, and docu
ments in any wise referring or relating te
the property or franchises thereby con
veyed; and also all franchises and proper
ty, and all personal rights or interests ir
any franchises or property, of every kind
or description, real, personal or mixed
and wherever the same may be situate
that might at any time after the date o.
the said indenture be acquired by, or for
the said Railroad Company; all of which
it was thereby covenanted should inure
by way of accretion, to the benefit and ad
vantage of the said complainant, as trus
tee, and by way of further and better Sc
curity:
And, whereas, in and by the said decree
all and singular the said property, fran
chises, rights, and subject matter, wer'
directed to be sold for the satisfaction o.
the said indebtedness, with interest there
on from the Sth day of April, A. D. 1896
at the rate of six per cent per annum, al
we'll as of the costs, allowances and ex
penses of the said suit, as mentioned ii
the said decree, which bonded indebted
ness, with interest thereon as aforesaid
up to the Sd day of June, A. D. 1895, vii
amount to the sum Of $1,17O,S74.35.
And, whereas, although upwards o
twenty days have elapsed since the rendi
ton and entry Of said decree, no paymen
whatever has been made of the said prin
cipal indebtedness, or the interest there
on, or any other sums required by tn,
said decree to be paid, or any part o
either thereof, and they all remain due ant
payable:
And, whereas, in and by the said decree
it is, among other things, ordered, ad
judged and decreed that all the sale
premises and property, real, personal ant
mixed, rights and franchises, described il
the said decree as aforesaid, wherever
situate, including all and singular the es
tate, right, title, interest, possession
liens, claims, and demands, in law or il