The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-16
NOTICE OF SALE.
OKEG9N SHORT LtNE AND TTA.1
NORTHERN RAILWAY Cfs1IPA NJ

NOTICE OF SALE.
OREGON SHORT LTNr Ann r-Ta-1
NORTHERN RAILWAY COMPANY.
In the Circnit Court OF the United states for the
=, -. o.. District of Oregon.
III TIC Sircclt Court OF the United States for the
DISTRICT OF l. ahO.
In the Circuit Court OF the United states for the
In The Circuit Court OF the United States for the
District of Utah.
In the Circuit Court OF the United s tes for tho
District Of wyomin.
THE AMERICAN LOAN 4 TRUST COMPANY
Complainant,
VS..
THE OREGON SHORT LINE & UTAH NORTH
EliN RAILWAY COMPANY. Defendant
Whereas, At a term OF the Circuit Court OF
the United stsies for The District OF Oregon, hel.
teenth day OF July, 1925, and at q term of the
Circuit Court Of the United States for the Dis
1885, and at a term OF the Circuit Court OF the
United states for the District OF Montana on the
seventh day OF August, 1895, and at a tenn OF
the Circuit Court OF the United states for the
District OF wyoming on the twenty seventh day
OF september, 1895, and al term of The Circuit
Court of the United States for the District of
Utah on the first day Of December. 1885,
these certain several DEGREES were duly entered
in the above-entitled cases then pending in each
OF the Circuit Cour.s above mentioned, foIeclos-
ing the morsgsge OF the defendant, the Oregon
Short Line & Utah Northern Railway Company.
commonly known and called its Consol icai ed
Morgag which mortgage bears date The list day
of August, 1882 and which said mortgage Is the
Consolidated Mortgage OF the SAID railway
Company executed 10 the complainant IN the
more particularly mentioned and described in
the complainant's bill Of complaint fled in the
above several cases; and
Whereas. II was i'll and by the said several
DEGREES ordered adjudged and decreed that the
said Consolidatcd Mortsare OF the said defendant
company set forth in the OF complain aiore-
said and SO made and executed as Aforesaid and
bearing date as aforesaid, was valid ana sub
sisting mortgage and constituted lien upon TIE
morsg1gei; pTemises property, ana iIanentsses
whereas 1t was therein and in and by said
DEGREES or
decreed that all OF said property. real. PERSONAL
and mixed, menti oned and described in said
mortgage, be sold un the direction of the
undersigned. John b. Cleland, commissioner
named in and by the said severaI DEGREES rs above
mentioned, the sale 10 be made subject 10 ceIJain
underlying mortgages upon certain paris of the
said properties which are hereinafter specified
and by the said DEGREES the proceeds OF such sale
to be applied in satisfaction of the said several
DEGREES hereinbeIOre mentioned, all of which
DEGREES Tor the debt aud in SAT isfncfion
OF the interest thereon and OF the costs OF he said
Whereas. Likewise 1t was provided in and
by the terms of the said Consolidated Mortgage
among other III ings that the trustee named tht
In, 10 wit, the American Loan & Trust Company,
In the event of default in interest upon the said
and upon request of the holder of one-fifth rait
OF the bonds issued and outstanding secured
should sell and dispose OF the said morteased
premises by public auction at such time ard
OF Utah NOW stale of Utah. as the trustee might
determine, said trustee to make such sale after it
time and place thereof by advertisement pub
lished in each OF the cities OF New York and
secutive weeks next pre- eding the sale in one or
more newspapers there publ ished, with power
time TO time and give such notice of adjournment
thereof as the trustee might think reasonable I'M
der the circums ances: and
Whereas, IL was further adjudeed and decrced
In and by the said several DEGREES above men,
toned In the above entitled causes that the said
trustee. the Ameri can Ian G Trust Company
might have leave 10 and should Join in the said
sale and in the notices and advert lsement there
OF by the said several DEGREES decreed TO be made
the said sale so to be made 10 be made for the
purpose of iOrecl Csing the said Consolidated
Mortgage, In acco rdance with the terms of the
said several DEGREES; ard
Whereas. 1t was further adjudged and decreed
by the said several DEGREES that the said mort
gagged properties sh ould he sold entirety and
therefor, under the direction OF and at a day and
time 10 be named by the said Commit Toner IN the
City of salt Lake III the Territory NOV State) Of
Utah, upon such terms as the Commissioner might
approve; IL being likew Sc provided that public
notice Of such sac and the time and place thereof
be given by advertisements twice week for four
consecutive weeks IN not less than two news
papers Puoilshel IN e.ach OF me cities OF New
YORK, Bos. on, SAT- Lake, forilandi oregon, and
Omaha, with power TO adjourn such sale from
time 10 tlls az the lequest OF Inc sara trustee
Complainant, suci notice OF the adjournment 10 be
given rs the Commi sSioner might think relsona-
Die under tae crcunsta noes, the said trustee COM
pIainaht on Us pll 10 JON As such trustee IN All
notices OF sale and the notice of any such adiOurn
nent, such sale ne on con thereof to per
petnally par the said defendant Railway COM
pany, and all persons Gaining by. through or
under It, from all right anu interest the said
railways ana prem ISIS uy the DEGREES ordered TO
be sud, either at law or in equity, benz like
wise decreed that uron such continuation Of sale,
the purchaser thereat upon complying with the
terms Of the sale, should be entitled TO receive
from the said Comm ssioner and the said trustee
complainant, tue american Lo@n q Trust Com
pany. deeds conveying and transferring the said
railways and premises TO the purchaser, but sub
lect 10 cer-aln prior unuerIy ing mortgages Eere-
matter mentioned; and
whereas, II was turner PROVIDED oy the
said 5 veral DEGREES that such sale shall be made
upon such terms IS tie Commissioner might ap-
piO.e-ny parties TO the suits above mentioned or
the holders OF any OF the Consolidated Eonds to
secure which the Consolidated Mortgage was
executed, To be ar liberty 10 bid and becCme pur-
Whereas. An appeal was taken by the said
defendant, the Oregon Short Line q Utah North
ern Railway Company, from ne said decree in
the said cause entered in tie District of Ore
Gon. and from toe said decree, as entered in said
cause in the District OF Montana. and II N The
said decree as entered in said car Sc in tie Dis
trio, of wyoming, all Of which said several ap-
pealS have been duly dismissed ard by the orders
and DEGREES Of the Appellate Courts u which the
appeals were taken IN the said causes, the said
causes were remanded 10 the 81 vCial courts fiom
which the said appeals were taken. with diTec-
tions 10 proceed in the causes ard to the en-
the cour.s from which the arptais were
taken further jurisdiction in Tie
several causes for such further OIfeIs and de-
crees at tie foot of the several DEGREES as might
be applied for 10 all matters net adirdicated
BY the DEGREES, and for fuither CrOers and difec
tions to the Comm issiorer touch ing tie said sale
or the terms and conditions thereof as might be
and
Whereas, Mandates from the said Appellate
Courts have been duly filed in the several courts
from W lic1 the said appeals were taken direct |
ing enforcement of the said DEGREES a. q rrtc,ss
has duly issued thereon from each OF lie said
courts, directed and Ceiive ed 10 he urder- !
signed, the Comm issione thereof M ned In Inc
said DEGREES. for the prtTer enforcement thereof
in ACCORDANCE with the terms OF the saiG cec eeS
Now, therefore, Notice Is hereby gwen by
the undersigned, John b. Cleland, the Coz--
missioner named by the sRid DEGREES md b the
American Loan Trust Company, conn L. inant
In the said and trustee of the said ConsoIi
dated Nor. gage, the said trustee Joining herein
under and pursuant to the terms Ct and by the
direction OF the said DEGREES and because Of ard
by virtue OF power to II Int rusted by the terms
and conditions of the said Consolidated Mort
gage, that oil and singular the IaiIway prout--
gOn Short Line & Utah Northern Railway Com
pany by it had or held on the LIST day OF August
gage, and all alter acquired property thereafter
by it acquired and comprising ali the railways
& Utah Northern Railway Company in the said
Consol ida. ed AOrtgare expressed TO Re conveyed
as tr tee, will be old on the ninth day OF Janu-
airy, \. ID. 1897, at the hour OF ten clock fore
noon, at salt Lake city in the state of Utah,
formerly Territory OF Utah, at the cor OF the
Courthouse of the County of salt Lake in said
city, which said Properly 20 TO be sold is de-
scribed in the said COnsolica Mortgage as /.
ssAII that line of railway, beginning at a roint
on the Union facfc Railway, at q y. ace taileJ (
ming and extending thence in n general VI st.rlv
and northwestcTly direction. into and fhro. h
through the Counties OF Htar Lake. Bingham
Oneida, Alturas. Ada. and Wash lnctOn. in lcaEo I
Of Alturas. and to Boise City, IN the County Of /
Ada in Idaho. and thence Into the County of
Baker, IN ore sOn. and thence b. such route or
routes as nav be determined fy the Boald OF
Directors of the railway conn any. TO The (Olrn- L
oia RIVER. Puget sound, or the Pacific Ocean.
And also all that line OF railway, extending
from any feasible point or points upon the said
railway in north est rly. westerly. or SOUTH {
westerly direction, into ard tl-rrugh Vycnine
Utah, Idaho, Oregon, Nevada, and California; +