The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-23
NOTICE oE sAE.r
OREGON SHORT lime AND UTAH
NORTHERN RAILWAY COMPANY.

NOTICE OF SAz.E
OREGON SHORT LINT AND VTAH
NORTHERN RAILWAY COMPANY.
In the Circuit Court of the United States for the
District OF Oregon.
In the Circcit Court OF the United states for the
District Of I.laho.
In the Circuit Court Of the United States Tor the
District OF Montans-
In the Circuit Court of the United States for the
District Of Utah.
In the Circuit Court Of the United states for the
District OF wyoming.
THE AMERICAN LOAN & TRUST COMPANY,
Complainant,
THE OREGON SHORT LINE & UTAH NORTH
ERN RAILWAY COMPANY, Defendant.
the United States for the DIsIr,c OF Oregon, hell.
at the City of Portland in said State on the NJ
Circuit Court OF the United States Tor the Dis
trict of Idaho on the twelfth day of December.
United states for the District Of Montana on the
seventh day of August, 1850, and al a term Of
District of Wyoming on the twenty seventh day
OF september, 1895, and at term Of the Circait
Utah on the first day OF December. 1886,
these certain several DEGREES were duly entered
In the ahove-eDtitled cases then pending IA each
OF the Circuit Courts above mentioned, forcclos-
ing the mortgage Of the defendant. the Oregon
commonly known as and called its Consoltda
Mortgage, which mortgage bears dare the Is, day
Of August. 1852, and which said mortgage Is the
Company executed 10 the complainant Ia the
above-entitled cases as Trustee, and which is
the complainant 5 bill Of complaint 1led IN the
above several cases; and
Whereas. IL was in and by the said several
DEGREES ordered, adiudged, and decreed that the
company set forth in the bill OF complaint afore-
said and so made and executed as Aforesaid and
bearing date as aforesaid, was valid ami sub
sisting mortgage and constituted lien upon the
nortgaged premises, property. and franchises
described in the said mortgage and hereinafter
whereas It was therein and in and by said
several DEGREES Aforesaid further adludgei and
CpCread thai all said ri.srS0uRl-
and mixed. mentioned and described il said
noftgage, pe SOD IN ier me diree.ion q TIE
named in and by the said several DEGREES as above
mentioned, the sale TO be made subject TO cetsain
underlying mortgages upon certain parts OF The
said properties which are hereinafter specified
and which are likewise particularly specified IN
and by the said DEGREES, the proceeds OF such sale
10 be applied in satisfaction of the said several
DEGREES hereinbeIore mentioned. all of which
were DEGREES for the debt and in satisfaction
of the Interest thereon and OF the costs OF the said
suits; and
by the terms of the said Consolidated Mortgage
among other IN ings that the trustee named thtre-
in the event of default in interest upon the said
Consolidated Mortgage, might in It's discretion
OF the bonds issued and outstanding secured
thereby. which request has been duly made,
premises by public auction at such time and
place in the City of salt Lake, in the Territory
OF Utah (now State of Utah. as the trustee might
determine, said trustee 10 make such sale after it
shall have given public notice thereof and OF the
time ana place tltrcOi Dy d1Ntftl>tI tHL luO-
lished in each OF the cities Of New York and
Boston not less than twice week tor four ccn-
more newspapers there published, with power on
the part Of said trustee to adjourn sucn sale from
time to time and give such notice Of adjournment
thereof as the trustee might think reasonable IN
der the circumstances and
Whereas II was further adjudged and decreed
in and by the said several DEGREES above men,
toned In the above entitled causes that tue SAID
trustee, the American Loan & Trust Company,
might have leave 10 and should join in the said
sale and in the notices and advertisement there
of by the said several DEGREES decreed to bemade.
the said sale so to be made TO be made for the
purpose OF forecl osing the said Consolidated
Mortgage. in accordance with the terms Of the
said several DEGREES; and
whereas, 1t was further adjudged and decreed
by the said several DEGREES that the said mort
gagged properties SD ould be sold as an entirety and
In one lot at public auction 10 the highest bidder
therefor, under the direction OF and at q dsy and
time 10 be named by the said Commissioners, IN the
City OF Salt Lake in the Territory now STATED Of
Utah, upon such terms as the Commissioner might
approve; it being likewise provided that public
notice of such safe and the time and place thereof
be given by advertisements twice a week for four
consecutive weeks IN not less than TWO news
York. Boston, Salt Lake, Portland, Oregon, and
Omaha, with power TO adjourn such sale from
complainant, such notice of the adjournment to be
given as the Commission might think reasena-
BILE under the circumsta noes, the said trustee
plalnant on its palt TO join as such trustee in all
notices Of sale and the notice of any such adjourn
ment, such sale on con firmatiOn thereof tc per-
petually bar the said defendant Railway Com
pany, and all persons claim ing by. through, or
railways and premises by the DEGREES Ordszrd TO
be sold, either at law or I'm equity, it being like
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 conveying and transferring the said
rail ways and premises 10 the purchaser but sub
ject 70 certain prior underlying mortgages here
matter mentioned: and
said several DEGREES that such sale shall be made
upon such terms Us the Commissioner might ap
prove.any parties to the suits above mentioned OF
secure which the Consolidated Mortgage was
executed, to be at liberty 10 bid and become pur-
whereas. An appeal was taken by the said
defendant, the Oregon Short Line & Utah North
the said cause entered in the District Of Ore
gOn. and from tie said decree, as entered in said
cause in the District OF Montana. ard from the
said decree as entered in said car Sc in the Dis
trici of wyoming, all OF which said several APP
peaIs have been duly dismissed and by the orders
and DEGREES of the Appellate Courts 70 which The
appeals we're taken in the said causes, the said
causes were remanded 20 the several courts from
tioas 10 proceed in the causes and to the en-
force ment of said deer ees, but reservIng in
taken further jurisdiction in The
crees at tie foot Of the several DEGREES as misht
Nv the decree and for further orders and sli1ec
lions TO the Comm issioner touching tie said sale
or the terms and CONDITIONS thereof as night be
%hereas, Mandates from the said Appellate
Courts have been duly filed in the several courts
from which the said appeals were taken direct
ing enforcement OF the said DEGREES. ard frucess
has duly issued thereon from each OF TIE said
courts, directed and delivered TO The uider
signed, the Comm issioner thereof named IN The
said DEGREES. for the proper enforcement thereof
in accordance with the terms OF the said deta+es;
Now, therefore, Notice IS hereby gwen by
missioner mined by the said DEGREES fnd BY fne
American Loan & Trust Comps ny, CON rs lnant
In the said causes and trustee Of the said Conoli
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 10 IL int rusted by the terms
and con iitiols of the said Consolidated Mort
gage, that all and singular the railway proper
ties and any and all other property Of the IRE
pany by it had or held on the LIST day OF August
1859, the date of the said Consolidated Mort
gage, and all after acquired property thereafter
and other property Of the sa d Oregon Short Line
& Utah Northern Railway Company in the said
Consol ida ed Mortgage expressed to be convened
thereby to the American Loan & Trust COMPANY
as trustee, will be sold on the ninth cay OF 1anu-
noon, at Salt Lake City in the state OF Utah.
formerly Territory of Utah, at the door OF the
Court-nouSe OF tne County OF SAT- lake N said
city, which said property 20 TO be sold Is de-
scribed in the said Consolidated Mortgage as
follows:
ssAIi that line OF railway, beginni ng at a loint
on the Union Pacific Railway. at a pace called
Granger, in the County OF Svcetvater, in NyO-
ming, and extending thence in general westerly
ard northwesterly 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
tincluding branches TO ketchum, In the County
of Alturas and to Boise City, In the County Of
Ada, IN Idahol. and thence into the County of
routes as may be determined by the Board of
Directors of the railway comran.'. 10 the CeluIn-
And also all that line of railway. extendinr.
from any feasible point or points upon the said
xrasta-1v dfraction into and thrrlisl, vrc-,S'.