The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-09
NOTICE OF SALE.
OREGON SHORT LINE AND UTAH
NORTHERN RAILWAY COMPANY.

In the Circuit Court of the United States for the
District OF Idaho.
II the Circuit Court of the United States for the
District OF Montana
In the Circuit Court OF the United States for the
District of Utah.
In the Circuit Court of the United States for the
THE AuER1d RsSF Eo2 q N%SG Trust COMPANY
Complainant,
THE OREGON SHORT LINE & UTAH NORTH
ERN RAILWAY COMPANY, Defendant.
the United States for the Dstrict Of oregoH he'll
at the City Of Portland in said State on the fl
Circuit Court OF the United States for the Dis
irleL OF Idaho on the tWel1l "a day OF December,
United States for the District of Montana on the
se Court o he H c as STATES term r the S5
District of Wyoming ON the rSenty-seventh day
OF SEPTEMBER 1895, and at OF the Circuit
Court of the Uni.ed states for The District Of
Utah on the first day OF December, 1896,
in the above-entited cases then pending in each
of the Circuit Ccur. above mentioned, foreclos-
Short Line & Usah Northern Halfway Company.
commonly known as and called its Consolidated
of AUGUST, 1850, and which said mortgage is the
Consolidated Mortgage of the said Railway
ebove-entitIed cases as Trustee. and which is
moro particularly mentioned and described in
the complainant bin CT complaint hled IN the
Whereas, 1t was in and by the said several
DEGREES ordered, adjudged, and decreed that the
said Consolidated Mortgage OF the said defendant
company set forth in the bill of complaint afore-
bearing date as aforesaid, was valid and sub
sissing mortgage and constituted lien upon the
mortg2get premises, property, and franchises
described in tie said mortgage and hereinafter
Whereas 1t was therein and in and by said
several DEGREES aforesaid further adjudged and
decreed that all OF said property, real. PERSONAL
and mixed, mentl oled and described in said
mo,tgage, be sold IN er the direction OF the
under;igned ed, John a b. = Cieland commissioner
mentioned, the sale 10 be made subject TO ceuain
gniddeTyng oT;gagess upon certain parts OF tie
and whica aIe likewise particularly specified in
20 he os r Se IN o ., Su sa9
DEGREES heIeinbeIore mentioned, ali of which
DEGREES for the debt and in satisfaction
OF the interest thereon and of the costs OF The said
whereas Likewise IL was provided in and
by the terms OF the said Consolidated Mortgage
among other III inSs that The trustee named there
in, 10 Wit, the AI1er, can Loan & Trust Company,
in the event of default in interest upon the said
Consolidated Mortgage, might in lis discretion
OF the bonds issued and outstanding secured
should sell and dispose Of the said mortgaged
PREMISES by public. aucllon at such time and
p ace in the tily of salt lake. in the Territory
OF Utah NOW Stale of Utahl. as the trustee might
determine seid trustee to make such sale after it
shall have given public notice thereof and of the
lished in ca h of the cities OF New York and
Boston not less tran twice q week for four con-
secutive weeks next preceding the sale in one or
more newspapers there publ shed, with power on
the part OF said trustee to adjourn sucn sale from
time 10 time and give such notice of adjournment
thereof as the trustee might think reasonable un-
der the c. circumstances and
in and by the said several DEGREES above men,
toned in the above entitled causes that the said
trustee. the American Loan & Trust Company,
might have leave TO and should join in the said
sale and in the notices and advertisement 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 torecl osi ng the said Consolidated
Mortgage, in accordance with the terms OF the
said several decree and
Whereas, 1t was further adjudged and decreed
by the said several DEGREES that the said mort
gagged properties sh ould be sold entirety and
in one lot at public auction to the highest bidder
therefor under The direction OF and at a day and
time TO be named by the said Commissioner in the
City of Salt Lake. i'll the Territory (now State) of
Utah, upon such terms as the Commissioner might
approve; it being likewise provided that public
notice of such sale and The time and place thereof
consecutive weeks IN not less than two news
papers published in each of the cities OF New
York, Boston, Salt Lake, Portland, Oregon, end
Omaha with power 10 adjourn such sale from
time TO time at the requess OF the said trustee
given the Commi ssioner might think reasona-
BILE under the circumsta nces the said trustee
notices of sale and the notice of any such 5journ
ment such sale on con frmation thereof TO per-
petually bar the said defendant Railway Com
pany, and all persons claim ing by, through, or
under u, from all right and interest IN the said
be sold, either at law or in equity it being like
wise decreed that upon such confirmation OF sale,
the purchaser the reat, upon complying with the
terms Of the sale, should be entitled TO receive
complainant, the American Loan & Trust Com
pany deeds con veylng and transferring the said
railways anu premises 10 the purchaser, DOC SUD-
iect to certain prior underlying mortgages here
matter mentioned and
said several DEGREES that such sale shall be made
upon such terms as the Comm issioner might ap-
prove, any parties to the suits aooye mentioned or
the holders of any of the Consolidated Bonds to
secure which the Consolidated Mortgage was
executed, to be at liberty 10 bid and become pur-
chassrs at such sal G; and
Whereas. An appeal was taken by the said
Defendant the oregon SNORT s line q Gtan North
the said cause entered in the District OF Ore
cause in the district of Montana. and from the
said decree as entered in said cause in the Dis
peais have been du dismissed and by the orders
and DEGREES of the Appellate Courts TO which the
causes were remanded to the several courts from
which the said appeals were taken, with clrec-
force ment of said decgees,, but reserying in
the courts from which the appeals were
several eau ses for such further orders and de-
crees at the foot of the several DEGREES as might
by the deer ees and for further orders and diIec-
tions to the Comm oner touching the said sale
or the terms and conditions thereof as might be
Whereas, Ma ndates from the said Appellate
from which the said APP eals were taken direct
ing enforcement Of the said DEGREES, ard process
conrts, directed and delivered to the under
signed, the Comm issi oner tn ereof nsmed in the
in accordance with tie terms of the said DEGREES;
Now, therefore, Notice is hereby given by
missioner named by the said DEGREES ana by the
American Loan & Trust Company, complainant
In the said and trustee of the said Consoli
dated Mortgage, the said trustee Joining herein
under and pursuant 10 the terms CT and by the
direction OF the said DEGREES and because of and
by virtue of power to IL int rusted by the terms
and conditions OF the said Consol idated Mort
gage, that all and singular the railway proper
ties and any and all other property of the Gre
gon Short Line & Utah Northern Railway Com
pany by it had or held on the LIST day OF August,
1889, the date of the said Consolidated Mort
gage, and all alter acquired property thereafter
and other property of the said Oregon Short Line
d Utah Northern Railway Company in The said
Consol ida. ed Mortgage expressed to be conveyed
thereby TO the American Loan q Trust Company
as trustee, will be sold on the ninth DAY of Janu-
airy, \. D. 1887 at the hour of ten clock, fore
noon, at Salt Lake City in the state of Utah,
formerly Territory OF Utah, at the door OF the
Courthouse of the County OF Salt Lake in said
city, which said property so TO be sold is de-
scrbed in the said Consolidated Mortgage as
GAIL that line of railway, beginning at 8 point
on the Union Pacific Railway, at place called
ming, and extending thence in general westerly
and northwestorly direction, into and through
the County of Uintah, in Wyoming, and into and
through the Counties Of Bear Lake. bingham,
Oneida, Alturas. Ada, and Washington. in Idaho
(ncluding branches TO Ketchum. In the County
of Alturas and to Boise City, in the County Of
Baker, IN Ore son. aad thence by such route or
routes as may be determined by the Board of
b p,reetors OF sna Tall@ comIany to tie Colun-
And also all that linz of railway extending
from aay feasible PORT or points upon the said
railway in a NORTH. esterly, westerly, or south
westerly direction, into and through Wyoming.
Utah, Idaho, Oregon. Nevada, and California,
or any OF them. to sd = place and on such routes
with such exteas.ons or branches OF any OF said
lines from any eligible point or points, by the
ming, Utah, Idaho, Mo. lana, Washington, Oregon.
California. or Nevada, or any OF them, as the