The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-01-23
SIMMONS.


mann. Andrew Saks, David May, David
May as trustee, l.. d. Shoenberg, Joseph
2: shoenberg, s.. w. Peck, Harriet l.
| inning Company, Dwyer & Crossgrove,
! The Gillette Herzog Manufacturing
company. Stephen A. Harrison, and the
NorthWest 94, Wheel end FOUNDRY com
pany, r. w. Jones, Frank B. Stephens,
Ihomas w. Jennings, Gilbert d. Amos
samuel NJ. Green and Charles 3. Kim
ball, defendants. Summons on amended
OF the Territory of Utah send greeting:
TO Salt Lake City Copper Manufactur-
ing COMPANY, Mccormick & Company
w. s. Mccormick, Abraham Hanauer as
trustee. Otto Stalmann, Andrew Saks.
David May. David May as trustee, L. d.
Shoenberg, Joseph Il. Shoenberg, S. w.
Smelling q Refining Company Dwyer q
/ Crcssgrove, The GeIlette Herzog Manu-
featuring Company, Stephen a. Harri-
son. and the Northwestern Wheel ano
b. Stephens. Thomas W. Jennings, Gill
bert d. Amos Samuel M. Green and
Charles B. Kimban, defendants. You are
hereby required TO appear N an action
brought against you by the above named
plaintiff in the District Court OF the Third
Judicial District of the Territory OF
Utah. and to answer the amended com
plant flied therein within ten days Tex
elusive of the day of service) after the
service on you of this summons-if served
within this county: or, II served out OF
ILLS county, Dut IN TINS district, WITHIN
twenty days; otherwise within forty days
or Judgment by default Will be taken
against you, according to the prayer OF
sald amended complaint. The SAID &C
| ton is brought to have a decree of this
court declaring null and void certain
trust deed, executed September "A, 1884
purporting to be executed and acknoW-
lodged by defendant Salt Lake CITY Cop
per Manufacturing Co., conveying to de-
PENDANT Hanauer, trustee. certain pro-
| perues herinafter described, same beng
| recorded in recorders office of Salt Lake
County, Utah, September %, 1894, in
Book ''S P" of Mortgages, pages $3.50.
and also in Box Elder County, Utah: to
have it declared by said decree that. a
certain unrecorded trust deed, upon said
properties, executed by defendant Salt
Lake City Copper Manufacturing Co,
to David May, trustee, on or about May
%, 1884, to be a first lien upon said pro-
perties; to have receiver of said Copper
| Co.. appointed to have said properties
sold. for attorneys fees and for
other general and special re-
lief, with costs of suit: said properties
being situated in counties of Box Elder
and Salt Lake, Utah Territory, and de-
seribed as follows. to wit, The Red OK
ide," Copper Mountain" and Green
Carbonate" lode mining claims in Lu-
Gin Mining District. in the county Of
Box Elder. designated by the Surveyor
General as lot No. 2978, and for which a
patent was issued on the 1st day of Au-
gust, 1891, to Joseph Farren; said patent
being No. "a, 723. and also the Desert
ate" BLACK Carbonate, Ohio North
Point" Cabin Home" Jasper" BLACK
Prince" Ridge South Pole ''shon-
dy." ''Vesuvius,' ''zenobia," and South
Point lode mining claims, Subject to
the paramount title of the United States1,
all situated and located on what is
known as the Cooper Mountain, in
Lucin Mining District, in the county of
Box Elder. Territory Of Utah, and re-
corded in the mining records of said
district, together witt all and singular
the rights acquired thereby and by the
continued development thereof: also all
the minerals, ores, gold, silver, copper
and copper bearing rock and eartn
therein including the ore extracted
therefrom and thereafter to be extracted
therefrom and the proceeds Thereon, also
all the buildings situated thereon, and all
the tools and implements used in connec-
ton herewith and the working and de-
velopment thereof, and all the appur-
tenanCeS thereunto belonging or in any
wise appertaining; also the following de-
scribed real estate situate, lying and be-
ing in the county of Salt Lake, Territory
of Utah and described as follows to-wit:
Commencing at a point on the east
bank of Jordan River, seYenty-tWo CD
west, seVenty-seven and four tenth Cl
4-10) rods from the northeast corner OF
section tWenty-seYen 90, township one
% north, range one D west, Salt Lake
meridian, and running thence south 80
deg. 80 min. east seVenty-seven and four
tenths az 4-10) rods; thence east ten and
thence south one hundred and twelve
>112) rods; thence west sixty-elght and
fifty-f1ve hundredths COS $4,000 rods;
thence north six-tenths (6-1O of rod;
thence west fifty-tWo and two-tenths
bank Of the, Jordan River: thence north
erly along the bank OF sald river to the
place of beginning; comprising an area
of eightytwo and eight-tenths (S2 SID
acres, excepting and reserVlng therefrom
the following described tract for a pub
IL Commencing a + a
forty (40) rods south, and four hundred
and seventy-seven 4lQ feet west from
the northeast corner of section Y, town
ship one % north OF range one % west,
and running thence north one hundred and
twelve and enty-four-hundredths Q12
24-1G0l rods thence north 50 deg. 80 min.
west foEr "a rods; thence south one
hundred and twelve and tWenty-fVe-hun-
dredtns Q12 25-100) rods thence east four
az rods to the place of beginning. Also
a strip OF land one hundred d0O feet
wide. being twenty-five (25l feet on the
northerly and seventy-five 60 feet on
the southeriy side of the center line
the ground, and as shown by tracing at
tached to and made part of the deed
from Samuel NJ. Green to said company,
extending from the easterly line of the
track hereinbefore described, to the east
eriY line of the land shown and described
on said tracing or plat thereto attached;
and also all houses, machinery, plant,
equipment works. machine shops; also
all structures or buildings, now used or
erected or thereafter to be used or erected
in connection with the works of said
company, including material for the con-
structinS, maintaining, operating, repair
ing, or replacing or for the betterment
or Improvement of any of said works or
any part of their uppurtenanceS; also
all the rights, powers. privileges. i'm
munitieS and franchises connected with
or relating to said works or construction
maintenance, operating, improving or ex-
tension thereof, and all ether property
then held or belonging to or that might
thereafter be acquired by said company,
including that of every kind and nature
appurtenant to said mines and works,
whether then held by the party of the
first part or thereafter to be acquired,
1t being the intention to specifically in
clude thereby and convey all the pro-
perty and works of said company. To-
mentS. Entertainments and appurtenances
belonging to said above described
granted premises, and the rents, reven-
ueS. incomes, issues, profits, property,
claims and demand whatsoever, as well
in law as in equity in and to the said
premises and every part thereof with the
appurtenances. And you are hereby no
titled that if you fail to appear and an
SWer. the said amended complaint as above
required, the said plaintiff will apply to
Witness the Hon. Samuel A. Merritt,
Judge, and the seal of the Dis
(Seal.) trict Court of the Third Judicial
District, in and for the Terri
tory of Utah, this 3rd day of
January, in the year OF our Lord
one thousand eight hundred and
DAVID c. DUNBAR,
Clerk.
Sutherland, attorneys for plaintiff.