The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-30


In the Circuit Court of the United States for the
District of Idaho.
n the Circuit Court Of the United States for the
District OF Montana.
In the Circuit Court OF the United States for the
In the Circuit Court OF the United States for the
THE AMFR1e Dis s let Of wycm pT ng: cosp.xv
Complainant,
THE OREGON SHORT LINE & UTAH NORTH.
ERN RAILWAY COMPANY, Defendant.
Wv n1Tereeas Al term OF the Circuit Court OF
at the City of Portland in said State on the If
tenth day Of July, 1895, and at term of the
trict of Idaho ON the twelfth day Of December,
1872 and at term Of the Circuit Court Of the
seVentn Gay OF August, 1925, and at term Of
me circuit Court OF the United states for the
Oistrict OF wyoming on the twenty-seventh day
OF september, 1875, and at q term of the Circuit
Gourt OF the United States for the District Of
Utah on the first day of December, 1896.
these certain several DEGREES were duly entered
IN me me SGoyeenttled cases then pending in each
ing the mortgage OF the defendant, the Oregon
commonly known as and called its SonsalitdaIssd
mortgage, which mOrlgage bears date the LIST day
Constituted Mortgage Of ' the said Raiiw saS
Company executed 10 the complainant in the
more particularly mentioned and described in
the complalnants bill OF complaint fled in the
above several cases; and
Whereas. It was in and by the said several
DEGREES ordered, adludged, 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 and sub
sistIng mortgage and constituted o lien upon the
mortgaged premises, property, and franchises
described IN the said mortgage and hereinafter
Whereas, 1t was therein and In and by said
several DEGREES aforesaid further adludged and
decreed that all OF said property real, personal,
and mixed, mentl oned and described in said
mortgage, be sold under the direction Of the
Undersigned John B. Cleland, Commissioner
named in and by the said several DEGREES as above
mentioned, the sale 10 be made subject to certain
said properties which are hereinafter specified
and which are likewise particularly specified in
TO be applied in satisfaction of the said several
were DEGREES for the same debt and in satisfaction
OF the interest thereon and OF the costs Of the said
Whereas. Likewise 1t was provided in and
by the terms of the said Consolidated Mortgage
among other tn ings that the trustee named there
in, 10 wit. the American Loan & Trust Company,
In the event OF default in interest upon the said
Consolidated Mortgage, might in its discretion
and upon request OF the holders of fifth part
OF the bonds issued and outstanding secured
thereby. which request has been duly made,
should sell and dispose OF the said mortgaged
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 ana of the
time and place thereof by advertisement pub
Ilshed IN each OF the cities OF New York and
Boston not less than twice O week for four con-
secutive weeks next preceding the sale IN one or
more newspapers there ublished, with power on
the part of said trustee 10 adjourn sale from
time TO time and give such notice of adjournment
thereof as the trustee might think reasonable I'M
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 the said
trustee. the American Loan & Trust Company,
might have Leave to and should join in the said
OF by the said several DEGREES decreed TO be made
the said sale so to be made TO be made for the
purpose OF 1oreclosing the said Consol dated
Mortgage, in accor dance with the terms of the
said several DEGREES; and
Whereas. It was further adiudged and decreed
deCrpdc 10 n0rr-
gagged properties sh ould be sold entirety ard
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 Commissi Toner in the
City OF salt Lake IN the Territory (now state) Of
approve; ii being likewise provided that public
notice OF such sale and the time and place thereof
be given by advertisement twice week for four
consecutive weeks IN not less than two news
papers published in each Of the cities of New
Omaha, with power TO adjourn such sale from
time 70 time at the request OF the said trustee
given as the Commi ssioner might think reasona-
BILE under the circumsta noes, the said trustee COM
plalnant on its pant 10 join such trustee in all
notices OF sale and the notice of any such aGjourn
ment such sale on con hrmation thereof TO per-
petually bar the said defendant Railway Com
pany, and all persons ing by. through, or
railways and prem ises by the DEGREES ordered to
be sold, either at law in equity, it being like
wise decreed that upon such continuation of sale,
the purchaser the reat, upon complying with the
terms Of the sale, should be entitled to receive
from the said Somml ssioner and the said trustee
pany. deeds conveying and transferring the said
railwa and premises to the purchaser, but sub
tect to certain prior underlying mortgages here
matter mentioned; and
whereas, 1t was further provided by the
said several DEGREES that such sale shall be made
upon such terms as the Commissioner might APP
prove. any parties to the suits above mentioned or
secure which the MoTteae eenu ys 20
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 as entered in the District of Ore
gon. and from the said decree, as entered in said
said decree as ente red in said cause in the Dis
trict of wyoming all of which said several APP
and DEGREES of the Appellate Courts to which the
appeals were taken in the said causes, the said I
which the said appeals were taken, with direc- |
tons to proceed IN the causes and to the en- 4
the courts from viii CHI the appeals were
taken further jurisdiction in the 4
crees at the foot of the several DEGREES as might
be applied for TO all matters not adjudicated
lions 10 the Comm ssioner touching the said sale /
or the terms and conditions thereof as might be /
Whereas Mandates from the said Appellate
Courts have bee duly filed in the several courts
Ing enforcement of the said DEGREES and process
has duly issued thereon from each of the said
signed, the Comm ssioner tn ereof named in the
;aid DEGREES. for the proper enforcement thereof
Now, therefore, Notice is hereby given by
he undersigned, John B. Cleland, the COM
missioner named by the said DEGREES and by the
American Loan & Trust Company. complaining
in the said causes and trustee of the said ConsoI
lated Mortgage, the said trustee Joining herein
lnder and pursuant TO the terms OF and BY the
direction OF the said DEGREES and because of and
0y virtue of power to 1t int ruSted by the terms
and conditions of the said Consolidated Mort
gage. that all and singular the railway proper
les and any and all other property of the Ore
ron Short Line & Utah Northern Railway Com
1any by it had or held on the list day of August,
1859, the date of the said Consolidated Mort
rage, and all after acquired property thereafter
md other property of the said Oregon Short Line
Z Utah Northern Railway Company in the said
;onsol idated Mortgage expressed to be conveyed
IS trustee VIII be sold on the ninth day of Janu-
Try, A. D. 1897, at the hour of ten O'Clock, fore
ormerly Territory OF Utah, at the door OF the
Jourt- house of the County of Salt Lake In said
,ity, which said property to be sold is de-
ollows:
N the Union Pacific Railway, at a place called
granger, In the County of Sweetwater. in Wyo
ling and extending thence In general westerly
he County of Uintah, in Wyoming, and into and
through the Counties of Bear lake Binehan
branches to Ketchum. I'm the County
4 AlturaS, and TO Boise City, in the County of
Ida. in Idaho, and thence INTO the County of
saker in oregon, and thence by such route or
Outes as may be determined by the Board of
directors of the railway company, 10 the Colum-
md also all that line of railway, extending
rom any ieasb bic point or points upon the said
Testerly direction, into and through wyoming.
tab, Idaho, Oregon, Nevada, and California !
T any OF them, 70 such places and on such routes
8 the Directors NAV elect or determine together
nth such extensions or branches of any of said
ines from any eligible point or points, BY the
ling, Utah, Idaho, Mon tana, Washington. Oregon.
alifornia; or Nevada, or any Of them, as the