The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-22

premises. properly and franchises de-
scroed in the said mortgage and here
inetser described and
/ Whereas. it was in and nv said decree
turner ordered. adjudged and decrced
eli1t al OF the property covered by said
LIZ .gase be sold as an entirety and IN
Undersigned. William u. Cornish. the
/ special master named in and by said de-
SIess the sale TO be made subject to a
/ SsHadlh mortgage OF the Utah Southern
itsalifoad company. dated July LIST. 1871.
knoWn as the First Mortgage Of said
tan Southern Railway company. in so
oraced IN said general mortgage is also
covered Oy and embraced in said first
/ nlo!Lssase; and subject also to certain
c..d-lllS ana liabilities in said decree men
uoned-the proceeds of such sale to be
appled IN satisfaction of the debts and
ogISatlons IN said decree mentioned; and
nereas, IN said decree il was further
ofOered that in default Of the payment Of
| the sum therein found to be due and di-
rrected TO be paid the property covered
/ Dy SAID general mortgage should be sold
as an entirety and in one parcel without
Naiuatlon, appraiSement or redemption.
al pubic auction, to the highest bidder
OF bidders, at the passenger station OF
the oregon Short Line & Utah Northern
railway company at Salt Lake City in
tne state OF Utah, on a day or days TO
De nxed by said special master. and that
PUBIC notice Of such sale, and the tins
and place thereof together with the
manner and the terms upon which said
sale should be conducted. should be given
/ oy the said special master by advertise
ment twice week in two newspapers
published in the state Of Utah. for a term
OF Tour weeks preceding the day OF sale.
the nrst publication of which shall be
at least 50 days before the day of sale.
ana mat said special master Should have
power to adjourn such sale from time 10
time at the request of the said complain
ants. upon such notice as 10 said special
master might seem reasonable; such sale
ana connrynation thereof to perpetuaily
bar said defendants. or any one Of them.
or any person or persons claiming
through or under any of them. from all
\ right or interest in or to said railroad
and property by said decree ordered to be
Sold either at law, or in equity; and II
neing further provided by SAID decree
that upon complying with the terms OF
4 the sale the said special master should
execute and deliver a deed conveying the
I property purchased to the purchaser or
| purchasers at said sale, or to their success
| sors or assigns, and that upon the eS-
| ecution and delivery of SAID deed the re-
ceivers in the above entitled cause and
any party to the above cause should DC
/ liver all the property covered by and
, embraced in said mortgage which might
be in their possession. to the said lur-
! and that at the time of the exc
| cution of said deed by said special
master. the Oregon Short Line & Utah
| Northern Railway company should eX-
ecute its deed or join with said special
master in the execution of the deed TO
be made by him and thereby convey and
| its right, title and interest in and 10
the property conveyed by said special
master; and that also the complainants
4 herein. as trustees under said general
mortgage. should likewise at the time OF
the execution of said deed transfer or
| release TO such purchaser or purchasers
all their right. title and interest under
said general mortgage in or 10 the prop
erty so conveyed; and that also the re-
| ceivers should make. execute and deliver
/ a good and sufficient deed conveying 10
the purchaser or purchasers all their
| right, title and interest in. of. or to any
property vested in them or standing in
! their names or to which they had ac-
qrired title as such receivers in the man
! agement and operation of the premises
covered by and embraced in said general
mortgage or by use or the increase OF
| proceeds of any part thereof; and
Whereas, it was in said decree also pro-
vided that said special master should
| accept no bid for the property from any
| bidder for a sum less than s5CO.eo nor
place in his hands or deposit with him
/ 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
| ordered that upon confirmation OF the
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 ID, Cor
nIsh the special master named in and
by said decree. that all and singular the
| railway properties and franchises OF the
Oregon Short Line & Utah Northern
Railway company covered by and en-
braced in or intended to be covered by or
| embraced in. said general mortgage OF the
Utah Southern Railroad company TO the
complainanlS herein as trustees, VIII pe'
| sold on the 9th day of January. A D.
1887 at the hour of II O'Clock, fore
noon. at the passenger station OF the
| Oregon Short Line & Utah Northern
Railway company at Salt Lake City, in
/ the state of Utah; which said properly
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 SAT-
/ Lake City. Utah Territory. and run
ming thence in a Southerly direction
through or partly through Salt Lake.
Utah and Juab counties, by way or Big
and Little Cottonwoods, Sandy, Draper,
Lehi. American Fork. Pleasant Grove,
SDrineville Spanish Fork Payson, San
/ tauuin York Nephi and Juab, in the
/ Territory of Utah. including therein the
roadway and track. together with all OF the
superstructures. depots, depot grounds.
station houses, watering places, turnouts,
work shops, machine shcpS- u1achiNs'N.
/ side-tracks, turntables, weighing scales.
fixtures locomotives, tenders, rolling
stock. fuel. equipment and all other
property which is now or may be here
after used in operating the sad Toae pc
tween the points aforesaid, and al rights
OF way and transit. and all privileges and
tights OF estate of every nature and kind
now owned or hereafter 10 be acquired.
purchased held or possessed by the said
party Of the first part pertaining TO the
said line of railroad between the points
aforesaid together with all and singular
the tenements, Entertainments ana ap-
| purtenances thereuntO belonging, or IN
any wise appertaining. and the reVerslon
and reversions remainder and remain
ders. rents issues and profits thereof,
| with all the rights, title. interest, estate,
rronertv possession, claim and demand.
in law and in equity. OF me SAD an p1r.y
of the first part OF, IN ana 10 me same,
and every part thereof; provided this
deed shall not be construed 10 convey
any interest or right the party OF the
first mart may now or hereafter nave N
any railroad line north OF salt Lake City.
or south of Juab, on Chicken Creek. IN
Juab county, in Utah TERRITORY. the
T,-esant ternini Of said road and pro-
vided further. that this deed shall in no
vrav impair the title under the iced
made To secure the bonds of said COM
many dated July 1st. 1871, and above re-
ferred to- or the rights resulting there-
from hut il is hereby declared 10 De
subject TO that deed ana those ouilos a.
hefyveen Salt Lake City and YORK. To-
esether With ali the property, rights Of way
AMI transit and all privileges ana rlgnts
Of Every nature pertaining to said line or
| reilroad in said mortgage mentioned
,.Tbici, were posSeSsed or acquired oy SAID
| irtah Southern Railroad company al the
time of the execution OF said MORTGAGES
or subsequently acquired by II OF py lhe
Tr+ah Central Railway company the Gre
con short Line & Utah Northern Railway
| comnanv or the receivers thereoI- me
1,,,.rbaser or purchasers at such sale viii
S' rao,,ired to deposit with the special
master the sum Of 5000; and If the