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

plaintiff, VS.. Utah Central Railway COM
t tN1a.ss, q corporation, James McGregor and
S.at Cice cary, as receivers OF said last
named company, Central Trust company
q u New York, William F. Tolley, ST Louis
~, Eaa Mneei company, corporation, WILL
I uonai Bank of the Republic. a CORPORA
non, Y. Z. Coffin Hardware company,
Sorporauon, ID. n. Straup, James Heg-
My; Ihomas Larsen, 3. 5. Rupp, George
"a. scott q Co.. a corporation, Pettibone.
1ulilken & Co, a corporation, Anton S.
Nseison, Adam Duncan, The Westinghouse
All; All BRAKE company, corporation, Will
!ain N Anderson and James Anderson,
partners as William n. Anderson & Co.,
Lima Machine Works, a corporation, Jo-
sspn Goddard. James p. lawson, Pet
,ieil Peter Larsen, Gabriel Cab
Flelsof, The Continental Oil company, a
corporation, Martha Ann CoombS, and
Estner Coffin, and the Utah Western
6Hallway company, Charles Chrismon and
ChaIies Crlsmon. jr.. William V. Black,
Alfred Nilsson and A F. Jones, Gust
Jones and August johnson and William
Glassman, defendants. Summons on
amended complaint The People of the
territory OF Utah send greeting to Utah
central Railway company, a corpora ton,
James McGregor and Clarence Cary as
RECEIVERS OF said last named company,
William +. Tolley, st. Louis Car Wheel
company, a corporation, William Mann
company, a corporation, National Bank
Zen sne republic, corporation, E. {.
n
=. \. Straup, James Hegney, Thomas
Larsen, b 5. Rupp, George NJ. Scott &
Co, corporation, Pettibone, Mulliken
q Co., a corporation, Anton S. Nelson.
3dam Duncan. The Westinghouse Air
Brahe company, a corporation, William
n. ANDERSON and James Anderson, part
ners as William N. Anderson & Co., Lima
Goddard, James P. Lawson, Pet Hen
erickson, Peter Larsen, Gabriel Gabriel
son, ne CONTINENTAL Oil company a
10 tho
Esther Coffin, and the Utah Western
EallWay company, Charles Chrismon and
Cnarles Cr1smon, jr., William Y. Black,
| Alfred Nilsson, and A. F. Jones, Gust
Zones and August Johnson and William
lGlaSSman, defendants. You are hereby
required to appear in an action brought
against az you by the above named plain
I'M IN the district court of the Third Ju-
olcia4 district of the territory OF Utah,
ana to answer the amended complaint
nieo therein within ten days exclusive
Oh the day of service,) after the service
on you OF this summons-if served within
TINS county, or ii served out OF this coun. Y,
but In this district, within twenty days;
otherwlse within forty days-or judgment
the prayer of said amended complaint.
rms action is brought TO have judgment
against defendants Utah Western Rail-
way company and Utah Central Railway
company in sum of $500, co., with interest
thereon from July l, 1889. to date Of filing
amended complaint herein at + per cent
per annum, for $500 attorneys tees, $3.50
Tor extra and necessary costs and eX
penseS of plaintiff as trustee, $500 for COM
pensation to plaintiff for his services as
trustee, amounting in the aggregate. in.
cluQlng SAID interest, to $Si9 05u.G0. to-
gether with interest on said principal
sum of 100000 from this date to date
OF decree herein at 6 per cent. per an
mum, and for costs of suit: alleged to be
due on certain 800 bonds bearing date
July l, 1883, for $1,000 each, executed by
defendant Utah Western Railway COM
pany, bearing interest at per cent. per
annum, payable semi-annually on the 1st
days of January and July in each year;
no part of the principal or interest on
said bonds having been paid; same having
been secured by certain first mortgage
or deed of trust, of even date with said
bonds, executed by defendant Utah West.
ern Railway company to plaintiff, upon
certain premises and property herein
after described, said mortgage being OF
record in the recorders office of Salt
Lake county, Utah, in Book Z, of mort
cages, pages IS to 20 inclusive; defendant
Utah Central Railway company, having
become the owner and vested with the
lines of railway of said Utah Western
railway, hereinafter described, and hav-
ing become liable to pay all debts and
obligations of said Utah Western Rail,
way company, including all and singular
the said first mortgage bonds of said
Utah Western Railway company; to have
the names of the lawful holders of said
bond and notes ascertained and made
parties hereto If necessary and proper;
to have a decree of this court adjudging
said hrst mortgage lien upon all the
railroad premises and property therein
described and a lien thereon prior to the
liens and claims of any of the defend
ants herein, and to any lien or claim
thereon accruing subsequent to said first
mortgage; to have aScertained by the
court what equipment. rolling stock and
property was purchased by said Utah
Western Railway company after the exc
cuton and delivery of said first mortgage
to plaintiff, and of the rolling stock and
equipment purchased by said Utah Cen
trail Railway company, and TO have said
after acquired rolling stock and equip
ment of said Utah Western Railway COM
pany and an equitable proportion of that
acquired by said Utah Central Railway
company, adjudged 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 afterwards acquired by said
Utah Central Railway company, is equit-
ably subject to and to have same adjudged
as subject to, the lien of said mort
gage; to have said mortgage foreclosed,
and the said property sold in the manner
prescribed by law, free from the claims
OF all parties hereto and free from the
claims of all parties whose interests are
in any manner represented by any party
hereto; to have it adjudged by such de-
cree of foreclosure that said sale be made
by the United States marshal for Utah, or
other officer appointed by the court, that
said sale be made at public auction to
ner and on the notice prescribed by
statute for the sale of real property on and
under execution and according to law
and the practice of the court; that any
| parties hereto and any of said bond
holders be allowed to bid at said sale for
the whole or any part or portion Of said
property, 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
interest," thereon. rendered in payment of
IL r,.oI i
that said officer execute and deliver to
all purchasers at said sale proper certi-
ficates of sale and file duplicates thereof
in the Office Of the recorder of the county
in: which the property sold is situated
that prior to as well as after the statu-
tory time for redemption shall have ex-
pired, said officer make and deliver to
each and all such purchasers proper deeds
of conveyance of the property sold ac-
cording to its character; and that upon
the production of such deed they be let
into possession OF the properly purchased
by them respectively; that the liens, if
any, and claims of the defendants herein
before referred to, be adjudged as sub
ordinate in right and subject to the plain
tiff's said mortgage and the lien thereof
and that each and all of the defendants
and all persons in like situation with them
or any of them, and all persons claim
ing or to claim by, through or under them
or any of them, be absolutely barred and
foreclosed of and from all right and
equity of redemption of, in and to all
said premises and property sold; that
said officer bring into court the proceeds
arising from said sale, or if the court SO
adjudge, apply such proceeds, and that
such proceeus be applied as follows. to,
wit: That the costs and expenses of sale,
and costs, attorneys fees and expenses
of this action, extra and necessary ex-
penses of plaintiff as trustee, and plain
tiff's commissions and compensation as
trustee be first paid out Of such pro-
ceeds; that the residue thereof, or so
much thereof as may be required for that