The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-10

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scribed in the said mortgage and here
matter described and
Whereas. it was in and by sad decree
further ordered, adjudged and decreed
that all OF the property covered by Sa.d
mcr-g gage be sold as an entirety ana N
one parcel under the direction or the
undersigned, William d. Cornish, the
special master named in and by said de-
cree; the sale 10 be made subject 10 q
certain. mortgage Of the Titan Southern
Railroad company, dated July lst, S.l;
Utah Southern Railway company, IN SO
far as the property covered by ana en-
braced in said general mortgage Is also
covered by and embraced IN SAID IrSt
mortgage; and subject also TO certain /
claims and liabilities in said decree men
tioned-the proceeds OF such sale 10 De
applied in satisfaction OF the debts ana
obligations in said decree mentioned; ana |
Whereas, in said decree it was further I
ordered that in default of the payment OF |
the sum therein found to be due ana Oh, /
rected to be paid the property covered !
by said general mortgage should be SOLO
as an entirety and in one parcel without
valuation, appraisement or redemption,
at public auction, to the highest bldde. |
or bidders, at the passenger station OF
the Oregon Short Line x Utah Northern
Railway company at Salt Lake CITY IN
be fixed by said special master. ana tnal
public notice of such sale, ana the tim
and place thereof. together WIN me
manner and the terms upon Whlch Sa'u
sale should be conducted, should be gwen
by the said special master by advertise
ment twice week IN TWO neWspdpeIs
published in the state of Utah, for term
of four weeks preceding the day OF sale,
the first publication of which snau be
at least so days before the day OF sac
and that said special master Shoulu HdNe
power to adjourn such sale from time 10
time at the request of the said complain,
ants, upon such notice as to SAID special
master might seem reaSona bic; Such SAFE
and confirmation thereof to perpetuaLy
bar said defendants, or any one OF them,
or any person or persons claiiIh'AS
through or under any of them, IRON an
right or interest in or to said railroad
and property by said decree ordered TO De
sold, either at law, or in. equity; ana II
being further provided by said decree
that upon complying with the terms OF
the sale the said special master should
execute and deliver deed conveying the
property purchased TO the pGrcilas taI VI
purchasers at said sale, or to their success
sorS or assigns; and that upon the eN-
ecution and delivery OF sad deco the re-
ceivers in the above entitled cause anu
| any party 10 the above cause Shoulu ue7
| liver all the property covered oy ana
/ embraced in said ortSaSe when nnSht
! be in their possession, TO the salc pur-
and that at the time of the exc
cution of said deed by said special
| master the Oregon Short Line q Utah
Northern Railway company should eX,
| ecute its deed or Join with said special
| master in the execution OF the deed 10
! be made by him and thereby convey ana
release to the purchaser or purchasers an
its right, title and interest in ana 10
! the property conveyed by said Speciai
| MASTER; and that also the coInolduiaIltS
! herein, as trustees under SAID Sshei az
mortgage should likewise at the time OF
! the execution of said deed transfer OF
J release to such purchaser or purchasers
all their right, title and interest uhder
said general mortgage in or TO the prop
| ertv so conveyed: and that also the re
ceiVers should make execute ana denver
a good and sufficient deed convey ihS 10
the purchaser or purchasers AZ 70 I'M. anI,
right, title and interest in, OF, or 70 any
| properly vested in them or standing IN
| their names or to which they hal dc-
/ quired title as such receivers IN the MAJ
| agement and operation of the premises
! covered by and embraced in SAID general
| mortgage or by use or the increase Vi
proceeds of any part thereof; and
Whereas, il was in said decree also pro
vided that said special master should
accept no bid for the property from any
bidder for sum less than S6UoCVV' not
from any bidder who should not nfsI
/ place in his hands or deposit Win MIN
as a pledge the sum of $4,000 IN money
or a certified check on some bank or
trust company in the city of New York
Boston or Salt Lake; and
Whereas, it was in said decree also
l ordered that upon confirmation of the
sale by the court the purchaser or pun uI-
chasers should make such further pay
ment or payments IN such manner DIS
the court might direct;
Now. therefore, lotice is hereby given
by the undersigned. William D. Cor
nish the special master named IN ana
by said decree, that all and singular the
railway properties and franchises CT the
J OREGON Short Line & Utah Northern
Railway company covered by ana en-
braced in, or intended to be covered Dy or
embraced in. said general mortgage oil me
Utah Southern Railroad company 10 the
complainants herein as trustees Will DC
sold ON the 9th day of January. A u
1881 at the hour of II o'clock, fore
noon. at the passenger station of the
Oregon Short Line 6, Utah Northern
Railway company at Salt Lake City, IN
the state of Utah: which SAID D.o ,.,s,.a,
so to be sold is described in said General
mortgage as follows: The following De
scribed property: The railroad line OF
the said company, commencing at SaIt
lake City, utah Territory, and run
ming thence in a sOuther!y direction
through or partly through Salt LAKE,
Utah and Juab counties, by way OF Big
and Little CottonvoodS, SANDY, Draper
Tehi American Fork Pleasant Grove,
SUringville. Spanish Fork, Payson, san
taauin. York Nephi and Juab. in the
Territory OF Utah, including therein the
roadway and track. together with all OF the
sllperstructures depots, depot grounds
station houses, watering places, tuTnouts,
work shops machine shops. machinery,
side-tracks turntables, weighing scales
| fixtures locomotives, tenders, rolling
stock, fuel, equipment and al 0thei
property which is now or may De mere
: | after used in operating the said ROAD 0S-
! tween the points aforesaid. and al rights
of yvav and transit and all privileges and
rights Of estate Of every nature ana kino
now owned or hereafter 10 be acoulrec
, purcha sed, he'd or possessed by the sac
party of the first part pertaining 10 the
said line of railroad between the points
aforesaid, together with all and singular
the tenernentS. hereditaUentS and ap-
plrrtenanceS thereuntO belonging, or II
: anv wise appertaining, and the reVersloI
[ and reversions, remainder and remain
, ders, rents, issues ann pronts theFeo.
! with all the rights, title, interest, estate
1 nronertv possession, claim and demand
in law and in equity, OF the said party
of the first part Of in and TO the same
and every part thereof; provided mi:
deed shall not be construed TO convey
. any interest or right the party OF INT
frst part may now or hereafter have y
any railroad line north CT Salt Lake City
or south OF Juab on Chicken Creek. II
2 | Tuah county. in Utah Territory, TN
q T~esent terrnini of said road; and pre-
q vided further, that this deed shall IN NJ
5 vyav impair the title under the Gee
S made TO secure the bonds of said com
ffarred 10 or the rights resulting there
. from. but 1t is hereby declared to b
: s,,hiact to that deed and those bonds a
{ befXeen Salt Lake City and York: 10
: oether with all the property, rights CT wa
II and transit and all privileges and Tlsht
: OF every nature pertaining 10 saIu It:S y
railroad in said mortgage mentlohe'
:; r-1isr were pcssessed or acquired by san
o iTtah Southern Railroad company al L.
Z tir,a of the execution OF SAID mortgage
: ar subsequently acquired by II or Dy IN
a T-+ab Central Railway company, tne ore
:, con Short Line * Titan Northern t.slisTd ID d
II Company or the receivers thereo1. IN
{, 1111rcb1ser or purchasers at such sale wi
u he required to deposit with the specia
e- ,naeter the sum of $4,000; and II III