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

munities of the mortgagor. And you are
hereby notified that if you fail to appear
ana answer 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 zeal of the
District Court of the Tnlrd 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
DAVID C. DUNBAR, Clerk.
BY GEO. d. LOOMS, Deputy Clerk.
IN THE DISTRICT COURT IN AND
for the Third Judicial District of Utah
territory, county of Salt Lake. knicker-
booker trust company, corporation,
plaintiff, VS.. Utah Central Railway COM
pany, corporation, James McCiregor and
Clarence Cary as receivers of said last
named company, Central Trust company
OF New York, corporation, St. Louis
Car Wheel company, a corporation, Will
lam Mann company, corporation, e. G..
Cofnn Hardware company, a corporation,
George NJ. Scott & Co., corporation,
Salt Lake & Eastern Railway, company,
straup, James Hegney. Thomas Larson,
b. ). Rupp PettiDone, Mulliken & Co.,
a corporation, Anton S. Nelson, Adam
Duncan, The Westinghouse Air Brake
company, d corporation, William ~ An
derSon anu James Anderson, partners as
William N. Anderson * Co., Lima Ma
chlne Works, corporation, Joseph God
dard' James Z. Lawson, Pet Hendricks
The Continental Oil company, Martha
Ann Coombs. Charles Chrismon and
Charles Crismon, jr.. William V. Black,
Alfred Nilsson, a. f. Jones, Gust Jones
and August johnson and Esther Coffin
and National Bank of the Republic, cor
poration, and William Giassman, defend
ants. summons on amended complaint.
Ihe People of the territory of Utah send
greeting to Utah Central Railway com
pany, corporation, James McGregor and
Clarence Cary, as receivers of SAID last
named company, Central Trust company
OF New York, a corporation, St. Louis
Car Wheel company, corporation, Will
lam Mann company, corporation, E. c.
Coffin Hardware company, d corporation,
George NJ. Scott & Co, corporation,
Salt Lake & Eastern Railway company,
a corporation, William +. FOLEY, d. n.
Straup, James Hegney, Thomas Larson,
Is. 5. Rupp, Pettioone, Mulliken & Co.,
a corporation, Anton S. Nelson, Adam
Duncan, The Westinghouse Air Brake
company, corporation, William n. An
derson and James Anderson, partners as
William n. Anderson & Co., Lima Ma
chine Works, a corporation, Joseph God
dard, James p. Lawson, Pet Hendrickson.
Peter Larson, Gabriel Gabrielson, The
Continental Oil company, Martha Ann
Coombs, Charles Chrismon and Charles
Crismon, jr., William V. Black, Alfred
Nilsson, A. F. Jones, Gust Jones and
August Johnson and Esther Coffin, and
National Bank of the Republic, a corpor-
alton, and William Glassman, defendants
You are hereby required to appear in an
action brought against you by the above
named plaintiff IN the district court of
the Third Judicial district of the terri
tory of Utah. and to answer the amended
COMPLAINT filed therein within ten days
exclusive of the day Of service) after the
service on you of this summons-if served
within this county, or, if served out of
his county, but in this district, within
wenty days, otherwise within forty days
or judgment by default will be taken
against you, according to the prayer of /
aid amended complaint This action is I
brought to have judgment against defend /
lnts Salt Lake 81 Eastern, and Utah Cen I
00,000, with interest thereon from July .
1888, to date of filing amended complaint .
lerein at per cent. per annum; for $3.50 !
-ttorneys' fees, for $3.50 for extra and .
necessary costs and expenses of PLAINTIFF .
S trustee, and $1,000 for compensation to
laintiff for its services as trustee, {
in the aggregate including !
aid interest to $1713, $4,000, together with 7
interest on said principal sum of $780,
10 from this date to date of decree here
n at per cent. per annum and for costs
f suit; alleged to be due on certain loo
onds of date July i, 1888, for $1,000 each,
Xecuted by defendant Salt Lake & East
m Railway company same bearing in
crest at 8 per cent. per annum, payable
the interest on said bonds
nd the principal thereof, being due and
holly unpaid; said bonds having been
ecured by a certain mortgage or deed
f trust, executed and delivered to plain
if by said Salt Lake * Eastern Rail-
Tay company, upon certain premises and
roperty hereinafter described; defendant
tab Central Railway company being
ow the owner OF and vested in the said
mes of railway mortgaged as aforesaid,
nd having assumed and become liable
pay all the debts and obligations Of
aid Salt Lake d Eastern Hallway COM
any, including all and singular the said
rst mortgage bonds; to have the names
the lawful holders of said bonds and
hid notes ascertained, and said holders
lade parties hereto, II necessary or
roper; to have said first mortgage ad-
ldged to be lien upon all the railroad
remises and property therein and here
after described, and 10 be. lien thereon
r!or to the liens and claims of any Of
lie defendants herein, and to any lien
r claim thereon accruing subse-
lent to said first mortgage; to have
lie court ascertain what equipments, roll
g stock and property was purchased
Y said Salt Lake & Eastern Railway
,mpany after the execution and delivery
said first mortgage to plaintiff, and of
lie rolling stock and equipment purchased
7 said Utah Central Railway company
nd to have said after acquired rolling
ock and equipment of the said Salt Lake
Eastern Railway company, and an
OIL IfldI acquired DV
lie said Utah Central Railway company, /
Judged to be subject to the lien of said
st mortgage to plaintiff; to have the
'urt ascertain and fix what proportion
forwards acquired by said Utah Gem
al Railway company is equitably sub
ct to and to have same adjudged as
Inject to, the lien of plaintiffs said
7 the foreclosure of said mortgage and
lie of said property and premises in
amer prescribed by law, free from the
aims of all parties thereto and free
ON the claims of all parties whose in
rests are in any manner represented by
~ party hereto; to have it adjudged by G
oh decree that said sale be made under
e direction of the United States mar I
the court; that said sale be made at ]
lblic auction to the highest bidder for :
sh in the manner and on the notice pre- !
rbed by statute for sale of real property !
at any parties hereto and any of said +
ndholders be allowed to bid at said J
lie for the whole or any part of said I
operty, and that said first mortgage :
ndS and unpaid interest warrants be q
cepted by said officer in payment of any Y
Is, at par value, with accrued and I'M I
id interest on the amount thereof ten b
red in payment of. any bids, as pro- b
led in said trust deed or mortgage; t
at said officer execute and deliver to @
purchasers at said sale proper GER Y
Gates of sale and file duplicates there I
IN the office of the recorder of the h
unity in which the property SO sold Is G
uated that prior to as well as after the o
Ltutory time for redemption shall have D
PRED, said officer make and deliver to r
III and all such purchasers proper t
eds of conveyance of the property sold f
,ording to its character, and that upon Il
oduction of such deeds they be let into "
session of the property purchased by h
IN respectively; that the liens, if auy, f,
4 claims of the defendants, be ad- p
lged as subordinate in right and SUBJ
t to the plaintiffs said mortgage and C,
lien thereof; and that each and all of d
defendants and all persons in like nit- o