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

(SealJ District in and for the Territory
of Utah, this 18th day of July, in
he year of our Lord one thou
sand eight hundred and ninety
DAVID C. DUNBAR, Clerk.
BY GEO. ID. 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 Lorin
FAR, trustee, plaintiff, VS.. Salt Lake "
Fort Douglas Railway company, corpor-
alton, Utah Central Railway company,
Clarence Cary as receivers of said last
named corporation, Central Trust COM
pany of New York, William f. Tolley,
St Louis Car Wheel company, a corpora
! ton, William Mann company, a corpora
ton, National Bank of the Republic, a
corporation, E. c. Coffin Hardware com,
pany, corporation, u. n. Straup, James
Hegney, Thomas Larsen, 3. S. Rupp.
Pettibone Mulliken & Co., corporation,
Anton $. Nelson. Adam Duncan, The
Westinghouse Air Brake company, a cor
poration, William n. Anderson and
James Anderson, partners as William N.
Anderson & Co., Lima Machine Works.
a corporation, Joseph. Goddard, James 2.
Lawson, Pet Hendrickson, Peter Lar
son, Gabriel Ga3rielson, The Continental
OIL company, Martha Ann Coombs, Will
lam Glassman and Alfred Nilsson and
Esther Coffin, William Y. Black. Charles
- j
Jones, Gust Jones and August johnson,
defendants. Summons on amended COM
plant. The People of the terri
Salt Lake & Fort Douglas Railway
company, a corporation, Utah Central
Railway company, corporation, James
McGregor and Clarence Cary as receivers
OF saio last named corporation, Central
Trust company OF New York, W illiam +.
FOLEY st. Louis Car Wheel company,
corporation, William Mann company, a
corporation, National Bank of the Repub-
lie, corporation, h. Z. Coffin Hardware
company, a corporation, d. n. Straup.
James Hegney, Thomas Larsen, Il. S.
Rupp, George NJ. Scott & Co, a corpora
ton, Pettibone, Mulliken x Co. Il Ger
poration, Anton S. Nelson, Adam Duncan,
The Westinghouse Air Brake company, a
corporation, William n. Anderson and
James Anderson, partners as William n.
Anderson q Co., Lima Machine Works, a
corporation, Joseph Goddard, James p.
Lawson, Pet Hendrickson, Peter Larson,
Gabriel Gabrielson, The Continental OH
company, Martha Ann CoombS, William
Glassman, and Alfred Nilsson, and Esther
Coffin, William V. Black, Charles Chris !
mon and Charles Crismon, jr., a. F.
Jones, 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 !
the amended complaint filed therein with
in ten days exclusive of the day of ser
vice. after the service on you of this
summons-if served within this county,
or, if served out of this county, but IN
this district, within twenty days, other
wise within forty days-or judgment by
default will be taken against you, &C
cording to the prayer OF said amended
have judgment against defendants Salt
Lake & Fort Douglas Railway company
and Utah Central Railway company, for
the sum of $S00,000 with interest thereon
from January l, 1895, to date of filing
amended complaint herein, at 6 per cent.
per annum, for $500 attorneys fees
$3.50 for extra and necessary costs and
expenses of plaintiffs as trustees, and
compensation to plainuiffs for
their services as trustees, amounting in
the aggregate including said interest, to
principal sum of $500, 10000 from this date
until the date OF decree herein at 6 per
cent. per annum-and for costs of suit;
alleged TO be due on certain 500 bonds
IF the value of 81, 600 each, eXecutde by
defendant Salt Lake & Fort Douglas Rail-
way company on or about December 81,
S94, bearing interest at the rate of
DER cent. per annum, payable seml1an-
larry in each year; no part OF the pr1n-
,ipal or interest on said bonds having
,een paid; same having been secured by
/ first mortgage or deed of trust exc
uted by defendant Salt Lake & Fort
Douglas Railway company and the Salt
AXE Rock company to plaintiffs as trus-
ees, upon certain premises and property !
hereinafter described; said mortgage be-
ng of record in the recorders office of
;alt Lake county, in book n, mort I
ages, pages AL 10 424 inclusive; defend
mt Utah Central Railway company hav-
ng become vested in the lines of rail
way of said defendant Salt Lake 81 Fort
Douglas Railway company, and property
ereinafter described, and having become !
rst mortgage bonds of said Salt Lake
, Fort Douglas Railway company; to
ave the names of the4 lawful holders of ;
aid bonds and said notes aScertalned, I
necessary or proper; to have said first s
adjudged and decreed to be I
EN- upon all the railroad premises ami q
roperty therein described, and to be q
lien thereon prior to the lien and claims q
f any of the defendants herein, and to e
ny lien or claim thereon accruing subse
uent to said first mortgage; to have, the
curt ascertain what equipment, rolling =
took and property was purchased by 7
aid Utah Western Railway company +
fter the execution and delivery of said
he rolling stock and equipment pur-
hased by said Utah Central Railway
1mpany, and to have said after acquired
bling stock and equipment of said Salt =
diudged to be subject to the lien Of said L
rst mortgage to plaintiffs; to have the =
ourt ascertain and fix what proportion !.
such rolling stock and equipment after V
ards acquired by said Utah Central G
ailway company is equitably subject to, c
nd to have same adjqdged to be Il
Inject to, the lien of plaintiffs said =
ortgage; to have a decree of this court U
n the foreclosure of said mortgage and c.
lie of said property in the manner pre- J.
ribbed by law and according to the +.
,urse and practice Of the court free from II
lie claims of all parties hereto, and free a
ON the claims of all parties whose in 1
rests are in any manner represented by v
" party hereto To have it adjudged bS s.
a nf hat oil
. made by and under the direction of j.
e United States marshal for Utah. or q
her officer appointed by the court; that r.
id sale be made at public auction to the N
CHEST bidder for cash in the manner and Z
i the norice prescribed by statue for the y
lie of real property on and under exc +.
tion and according to law and the Sc
actice of the court; that any parties /
.reto and any of said bondholders be g