The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-05
THE SALT LAKE HERALD. THURSDAY. DECEMBER $ 1896

from all right and equity of redemption
of, in and to all said premises and prop
erty 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 proceeds be APP
Piled as follows, to-wit: That costs and
expenses of sale and costs, attorenys'
charges and expenses of this action, extra
and necessary expenses of plaintiffs as
trustees and plaintiffs commissions and
Soinpesnsation as trustees, be nrst PAD
out OF such proceeds of sale; that the
residue of such proceeds, or so much
thereof as may be required for that pun
pose, be applied to the payment of the
principal and interest remaining unpaid
upon said first mortgage bonds
together with interest on said principal
sum from the date of the Judgment or
decree to the day of sale at the rate
aforesaid; that the defendants Utah
Central Railway company and Salt Lake
d Fort Douglas Railway company be
adJudged to pay any deficiency which
may remain after so applying all of said
moneys thus applicable thereto, and that
plaintiffs have judgment docketed against
said two defendants for the amount OF
such deficiency; pending this suit to have
a receiver or receivers appointed with
the usual powers of receivers in such
cases belonging, of all and singular the
mortgaged property and premises rights,
privileges, immunities connected there
with, and of all the rolling stock, ma
chinery, equipments and other property
incidental to same; to have said receiver
or receivers authorized and directed to
maintain and operate said railroad and
to keep same in proper repair, to receive,
collect and preserve all the property, as
sets and incomes thereof, and that such
directions may be made with respect to
such receivership as may be equitable
and proper-and for such other ana fur-
Their relief in the premises or both as
may be Just and equitable. Said mort
gagged premises and property are, de-
scribed as follows, to-wit: The railway
line of the mortgagor, the Salt Lake q
Fort Douglas Railway company, com
mencing at point connecting with the
South street, Salt Lake city, in Salt
Lake county, Utah territory, and running
east to the crossing of the Utah Central
railway with the privilege OF connecting
with said Utah Central railway by a
separate switch, thence east along said
Eighth South street to Seventh East street,
curving south on to and along seventh
East to Ninth South street, thence curv-
ing east to and along Ninth South to
Tenth East street, curving north on to
and along said street along and across
the Jordan and Salt Lake city canal,
thence curving easterly and crossing
Fourth, Third and Second South streets
to the City Gravel block on Twelfth East
street, curvinS on to First South street,
thence northeast and south by the most
feasible grade to the line of the Fort
Douglas military reservation; thence
across said military reservation easterly
to the stone quarries, brick fields and
limestone of the Salt Lake Rock company
i'll Red Butte canyon, i'll said Salt Lake
county, and with branch line running
from said point on said railway COM
panys line in the military reservation TO
said Salt, Lake Rock companys lands
and the Wagner brewery at the mouth of
Emigration canyon, and with another
branch line running from said COM
panyS railway line in Salt Lake city 10
the mouth of Big Cottonwood canyon, in
said Salt Lake county and territory OF
Utah, and also including all other roads
and branches acquired or to be acquired
by amendment to their articles OF asSo-
the roadway and track, together with ali
the superstructures, depots, depot
grounds, station houses, watering places,
work shops, mechanics shops, machinery.
side tracks, turn outs, turntables, weigh
ing scales, fixtures, locomotives, tenders,
rolling stock, full equipment, and all
other property whatsoever which is nee
essary or ordinarily used in operating
the said railway and all rights or PRIV
ileges of way or transit which are now or
may hereafter be constructed, purchased,
acquired, held, possessed or owned by
the said company and pertaining to SAID
line of railway, and all corporate rights,
privileges and franchises of said COM
pany, together with all and singular the
tenements, hereditaments and appurten-
aneeS thereunto belonging or in anyWlse
and the reversion and re-
versions, remainder and remainders,
rents, incomes, issues and profits thereof,
property, possession. claim and demand
said Salt Lake & Fort Douglas Railway
company, and Salt Lake Rock company,
and parcel thereof; also and including the
described property of the afore-
said Salt Lake Rock company All of
sections % and 80, township l north, range
I sc tfkxy oh n M
range east, Salt Lake meridian; the
south one-half of the southwest one
quarter, the south one-half Of the south
east one-quarter, the northeast one-quar-
ter of the southeast one-uuarter Of sec
ton Is; the south one-half of the north
west one-quarter, the north one-half of
the southwest one-quarter, the south one
half of the northeast one-quarter the
north one-half of the southeast one-quar-
ter of section Il; the northeast one-quar-
ter of northwest one-Quarter OF sec
ton %; and the southeast one-quarter of
the southeast one-quarter of section ~,
in township 1 north, range east, Salt
Lake meridian; and lots H. and g. in
section 2; the southeast one-quarter and
the southwest one-Quarter of the north
east one-Quarter of section IL; ana the
southwest one-quarter and the northwest
of the southeast one-quarter
and the southeast one-quarter of the
northwest one-quarter of section u, in
Lake meridian; all said land situated,
wing and being in the county OF Salt
Lake, Utah territory, and containing
save and except the following piece of
land situate in said section 30, being
nine and three-quarter acres and sold
by the said Salt Lake Rock company to |
ence is made for a further and more |
specific description of said nine and three |
quarter acres; together with all and sin
gular the tenements, Entertainments and |
inc
anywise appertaining, with the reversion |
and reversionS, remainder and remain |
ders, rents issues and profits thereof,
with all the rights, title and interest,
mand in law or in equity, of the said Salt
Lake Rock company, of, in and to the |
same, and every part and parcel there
rights, franchises and privileges of said |
Salt Lake Rock company in and to said |
and all franchises and rights |
on and over said lands by virtue of its !
corporate organization. And you are !
hereby notified that if you fail to appear !
and answer the said amended complaint /
as above required, the said plaintiffs will I
apply to the court for the rellef demand
ed therein.
Witness the Hon. Samuel A. Mer- |
rift, judge, and the seal of said !
District Court of the Third Judicial !
lSeal) 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
five.
DAVID c. DUNBAR, Clerk.
BY GEO. d. LOOMS, Deputy Clerk
IN THE DISTRICT COURT IN AND
Tor the Third Judicial District of Utah |
territory, county of Salt Lake Central |
Trust company of New York. plaintiff, |
rs. Utah Central Railway company a |
William f. Tolley, ST. Louis |
Ear Wheel company, a corporation, Will
am Mann company, corporation, Ma
-ional Rank of the EepIblic co,-,,r,-,