The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-18

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hereafter become possessed of or emit
tied unto belonging or appurtenant K
sad railway including said mortgagor'!
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 to the same
ana every part and parcel thereof, VIII
the appurtenances. And you are hereby
notified that if you fail to appear anC
answer the 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 seal of the
District Court of the Third Judicial
(5eal.) 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. D. LOOMS, Deputy Clerk.
IN THE DISTRICT COURT IN AND
territory, county of Salt Lake. Thomas
Marshall. Samuel P. Teasdel and Lorin
Farr, trustee, plaintiff, VS.. Salt Lake q
Fort Douglas Railway company, corpor-
corporation, James McGregor and
Clarence Cary as receivers of said last
named corporation, Central Trust com
pany of New York, William e. Tolley,
ST. Louis Car Wheel company, a corpora
ton, William Mann company, corpora
ton, National Bank of the Republic. a
corporation, e. c. Coffin hardware CON-
pany, a corporation, u. N. Suaup, James
Hegney, Thomas Larsen, B. S. Rupp.
George NJ. scott & Co., a corpora ton,
Pettibone, Mulliken & Co., corporation,
Anton 5. Nelson. Adam Duncan. The
Westinghouse Air Brake company, cor
poration, William n. Anderson and
James Anderson, partners as William N.
Anderson & Co, Lima Machine Works,
a corporation, Joseph Goddard, James T..
Lawson, Pet Hendrickson. Peter Lar
son, Gabriel Gaorieison, The Continental
Oil company, Martha Ann Coomps, Will
lam Glassman and Alfred Nilsson and
Esther Coffin, William V: Black, Char4 e
Chrismon and Charles Crismon, jr.,. A. f..
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, a corporation, James
McGregor and Clarence Cary as receivers
Trust company of New York, William +.
Tolley, st. Louis Car Wheel company,
corporation, William Mann company, a
corpora ton, National Bank OF the Repub-
lie, corporation, E. e. Coffin hardware
company, a corporation. D. N. Slraup.
James Hegney, Thomas LArcen, Il. S.
Rupp, George NJ. Scott & Co, corpora
ton, Pettibone, MullikeR & Co. cor
The Westinghouse Air Brake company,
corporation William n. Anderson and
James Anderson, partners as William n.
Anderson & Co., Lima Machine Works, a
corporation, Joseph Goddard James z.
Lawson, Pet Hendrickson, Peter Larson,
Gabriel Gabrielson, The Continental Oil
company, Martha Ann Coombs, William
Glassman, and Alfred Nilsson, and Esther
mon and Charles Crismon, jr., y. f.
Jones, Gust Jones and August Johnson,
defendants. You are hereby required 10
appear in an action brought against you
triot court of the Third Judicial district
of the territory of Utah, and to answer
the amended complaint filed therein with
in ten days exclusive OF the day or ser
vice. after the service on you of this
summons-if served within this county,
or, if served out of this county, out 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
The said action is brought to
have judgment against defendants salt
Lake & Fort Douglas Railway company
and Utah Central hallway company, for
the sum Of $S00,000, with interest thereon
from January l, 1885, to date OF ming
per annum. for $500 attorneys fees,
$3.50 for extra and necessary costs and
expenses of plaintiffs as trustees. and
compensation to plaintiffs for
the aggregate including said interest. to
s.. sos, i5O. 90, together with interest on said
sum of $500, 900 from this date
until the date OF decree hereln at per
cent. per annum-and for costs of suit:
alleged to be due on certain 500 bonds
of the value of $1,000 each, eXecutde by
defendant Salt Lake & Fort Douglas Rail
way company, on or about December 81,
1894 bearing interest at the rate OF 8
per cent. per annum, payable Sem1-an-
nually on the first days of July and jan
uary in each year; no part OF the pr1n-
cipal or interest on said bonds having
oeen paid; same having been secured by
first mortgage or deed of trust exc
,uted by defendant Salt Lake d Fort
Douglas Railway company and the salt
Lake Rock company to plaintiffs as trus-
.ees. upon certain premises and property
described; said mortgage be-
ng of record in the recorders of11ce OF
Salt Lake county, in book N, mort
cages, pages All TO 424 inclusive; defend
Ind Utah Central Railway company hav~
ng become vested in the lines OF rail- !
way OF said defendant Salt Lake & Fort
Douglas Railway company, ana property
hereinafter described, and having become |
liable to pay all and singular the said
frst mortgage bonds of said Salt Lake |
z Fort Douglas Railway company; to
nave the names of the lawful holders OF
aid bonds and said notes ascertained, |
md said holders made parties hereto, |
f necessary or proper; to have said first |
mortgage adjudged and decreed to be
len upon all the railroad premises anu
, lien thereon prior to the lien and claims |
If any of the defendants herein, and to 1
nv lien or claim thereon accru1ng Subse-
luent to said first mortgage: TO nave tue
curt ascertain what equipment, rolling |
took and property was purchased by
aid Utah Western Railway company
.fter the execution and delivery OF said .
rst mortgage toe to tn ed pl sdn ana n, OF
hased by said Utah Central Railway
ompany, and to have said after acquired
olling stock and equipment OF said Salt
axe e. Fort Douglas Railway company
diudged to be subject to the lien of said
rst mortgage to plaintiffs to have the
curt ascertain and fix what proportion
f such rolling stock and equipment after
hallway company is equitably subject to.
nd to have same adjudged to be
ubject to, the lien of plaintiffs said
Mortgage; to have decree OF this court
ale of said property in the manner pre-
cribed by law and according to the
curse and practice Of the court, free from
he claims of all parties hereto, and free
erests are in any manner represented by
nv party hereto. To have it adjudged by
aid decree of foreclosure that said sale
e made by and under the direcuon OF
Their officer appointed by the court; that
aid sale be made at public auction to the
ighest bidder for cash in the manner and
n the nollce prescribed by statue for the
ale of real property on and under exc
ution and according to law and the
ractice of the court; that any parties
ereto and any of said bondholders be
flowed to bid at said sale for the whole
r any part or portion of said property,
nd that said first mortgage bonds and
npaid interest warrants be accepted
Y said officer in payment OF any bids
t par value with accrued and unpaid
lterest on the amount thereof, rendered