The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-08

public auction. to the highest bidder or
Diooers, al the passenger station of the
0regon snort Line & Utah Northern Rail-
way eom1any at Salt Lake City in the
state OF Utah, for a term of four weeks
u4ed Dy said special master and that pub
nc nc notlce OF such sale, and the time and
pldSe tnereof, together with the manner
anu the terms upon which said sale should
De conducted, should be given by the said
SPECIAL master by advertisement twice
week IN Two newspapers published in the
state OF Utah, for a term of four weeks
PIeceolng the day of sale, the first publ
S Satioh Of WHICH shall be al least thirty
lays DeIore the day of sale, and that
sdiu special master should have power 10
aoJcurn such sale from time 10 time at
, uIe request OF the said compliments,
upon such notice as to said special mas
yer might seem reasonable; such sale and
connrmation thereof TO perpetually bar
sdid ueIendants. or any one OF them. or any
unaer any of them, from all right or in
serest IN or TO said railroad and property
~ sdlo decree ordered 10 be sold, either
al law or in equity; and il being further
proVldeS by said decree that upon com
plying with the terms of the sale the
Saio special master should execute and
osiVer deed conveying the property pur-
| chased to the purchaser or purchasers at
sald sale, or TO their successors or as
signs; and that upon the execution and
delivery of said deed the receivers in
the above entitled cause and any party
10 the above cause should deliver all the
property covered by and embraced in
Sdlu mortgage winch might be IN thSlr
possession, to the said purchaser or pur-
chasers at said sale; and that at the
time OF the execution of said deed by said
special master the Oregon Short Line d
Utah Northern Railway company should
execute its deed or join with said special
master IN the execution of the deed 10 be
made by him and thereby convey and re
lease 10 the purchaser or purchasers all
us right title and interest in and TO the
property conveyed by said special master;
ana mat also the complainants herein, IS
cnfI
should likewise at the time of the exc
cuuon OF said deed transfer or release
10 sucn purchaser or purchasers all their
rlSnt, title and interest under said (firSt)
mortgage in or to the property so CON
Veyed; and that also the receivers should
make, execute and deliver good and
snfnclent deed conveying to the pur-
| chaser or purchasers all their right title
ana interest in, OF or to any property
vested in them or standing in their names
/ or to which they had acquired title as
such receivers in the management and
| operation of the premises covered by and
/ embraced in said GirsO mortgage or by
use of the increase or proceeds of any
part thereof; and,
Whereas. it was in said decree also
! provided that said special master should
I accept no bid for the property from any
/ from any bidder who should not first place
IN his hands or deposit with him as a
pledge the sum of $4,000, in money or
certified check on some bank or trust
! company In the city of New York, Bos-
| ton or Salt Lake; and
whereas, il was in said decree also
ordered That upon confirmation of the
sale by the court the purchaser or Dur-
chasers should make such further pay
ment or payments in such manner as
the court might direct:
NOW, therefore, notice is hereby given
by the undersigned William D. Cornish,
the special master named in and by said
decree, that all and singular the railway
n TrfH "A G~Y1 pai 1vr-ax
company covered by and embraced in or
/ intended TO be covered by or embrac ed
! m SAID Cirso mortgage of the Utah
/ southern railroad (extension) to the COM
plalnants herein as trustees, will be sold
on the 9Th day Of January, A D. 1891 at
the hour of twelve o'clock. noon. at the
Line & Utah Northern Railway company
at Salt Lake City in the state of Utah;
when said property so to be sold is de-
scribed in said first mortgage as follows:
! The following described property, part
OF which is now, and part of which is
hereafter 10 be, constructed, purchased,
neg ACQUIRED, possessed and owned by
SalG corporation, to-wit: The railroad
me OF the said party Of the first part
eXtendlng from Juab, on Chicken Creek,
I IN the county of Juab, in the territory
OF Olah; thence In Southerly direction
through Juab, Miilard and Beaver coun-
ties 10 Frisco in the county of Beaver
in the territory of Utah, a distance of
one hundred and thirty miles, including
Herewith the roadway and track and
franchises, together with all the super
structures, depots, depot grounds, station
/ houses, altering places, turnouts work
SHOPS, machine shops, machinery, side
tracks, turntables weighing scales. fix
lures, locomotives. tenders, rolling stock
| fuel, equipment and all other property
which is now or may be hereafter used
/ in operating said railroad, and all rights
OF way and transit, and all privileges, and
rights of estate. of every nature now
owned, OF hereafter to be purchased. ac-
CURED or possessed by the said corpora
ton, pertaining to the said line of rail-
road between the points aforesaid to-
gether with all and singular the tene-
| ments, Entertainments and appurten-
ances ,hereunto belonging, or in any
wise appertaining, and the reversion and
reVersions, remainder and remainders
| rents, issues and profits thereof with ell
! the rights. title, interest. estate, property
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 and parcel thereof; provided that
this grant shall not be construed 20 cover
any railroad property belonging to the
party of the first part lying north of the
( said Juab station, in Juab county or
south of Frisco, in Beaver county. Utah
territory. Together with all the property
rights Of way ana transit and all priv
ileges and rights of every nature per-
| tanning TO said line of railroad in said
mortgage mentioned which were possessed
! or acquired by said Utah Southern
railroad extension at the time Of the exc
cution of said mortgage or subsequent
ly acquired by it or by. the Utah Central
! Railway company, The Oregon Short
Line & Utah Northern Railway company
| or the receivers thereof.
The purchaser or purchasers at such
sale will be required TO deposit with the
special master the sum of $50 900; and if
the purchaser or purchasers shall fail to
complete the purchase in accordance with
/ the terms of the sale such deposit shall
be forfeited as a penalty for such failure
! ard 4 such sac shall not be confirmed
/ by the court the said deposit shall be re-
turned TO said bidder: if the said sale is
! confirmed by the court the deposit so
made will be accepted and received to ap-
ply as a part Of the purchase price
The bonds secured by the above men
toned mortgage Of the Utah Southern
railroad extension may be rendered and
will be received on account of the bid
OF the purchaser 20 such amount only as
would be applicable thereto by the terms
OF the said decree had the entire pur-
chase price been paid in money
If the sale shall be confirmed a deed
for the properties purchased will be exc
cuted by the special master, and the
Oregon Short Line & Utah Northern Rail
way company shall join in said deed or
execute its deed conveying it's right. title
and interest In and to the properties COW
cred by and embraced in said mortga &c
and the compliments herein will also
execute deed conveying their right, title
and interest as trustees of the said mort
gage in or TO any Of the property covered
by or embraced therein. and said re-
ceivers shall also execute a deed as in
said decree provided; subject however.
to the liens or claims in said decree or
by the court found and adjudged to he
preferential to the lien of said mortgage,
which sale ard deed by the terms of sa id
decree shall perpetually bar all right and
interest of any of the defendants herein
and Of all persons claiming by through