The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-26

District of Oregon
In the Circuit Court OF the United States for the
District of Idaho.
IN the circuit Court OF the United States for the
IN the Circuit Court of the United States for the
District of Utah.
IN 'ne Sircuit Sonrf OF the United States Tor the
THE AMERICAN LOAN L TRUST COMPANY.
Complainant,
THE OREGON SHORT LINE & UTAH NORTH
EhN RAILWAY COMPANY, Defendant.
where's, At a term OF the Circuit Court OF
the United states for the District Of Oregon, he'll.
at the CITY OF Portland In said State ON the fl
crca Court Of The United states ior the % ps e
1895, and at q term of the Circuit Court OF the
United States for the District OF Montana on the
the Circuit Court OF the United states for the
District OF Wyoming on the twenty seventh day
Court OF the United States for the District of
Utah on the first day of December 1896.
In the above-entitled cases then pending in each
OF the Circuit Courts above mentioned, foreclos-
Short Line & Utah Northern Railway Company.
commonly known as and called its Consol idated
of August, 1889. and which said mortgage is the
Consolidated Mortgage of the said Railway
above-entitled cases as Trustee, and which is
more particularly mentioned and described In
above several cases; and
Whereas. 1t was in and by the said several
said Consolidated Mortgage OF the said defendant
company set forth in the bill OF complaint afore-
said and so made and executed as Aforesaid and
bearing date as Aforesaid, was q valid ami sub
sissing mortgage and constituted q lien upon the
described in the said mortgage and hereinafter
described; and
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, ment oned and described in said
mortgage, be sold unie- the direction of the
undersigned. John b. Cleland, Commissioner
named in and by the said several DEGREES as above
mentioned, the sale to be made subject TO cerlain
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
to be applied in satisfaction of the said several
DEGREES hereirbeIore mentioned, all of which
We're DEGREES for the same debt and In satisfaction
Oh the interest thereon and OF the costs OF the said
Whereas, Likewise It was provided in and
by the terms of the said Consolidated Mortgage
among other tn ings that the trustee named there
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
thereby which request has been duly made.
should sell and dispose OF the said mOrtgaged
place in the City of salt Lake. in the Territory
OF Utah NOW Stale of Utah). as the trustee might
shall have given public notice thereof and of the
time and pace thereof by advertisement pub
Boon not e ta1 int ce w OF or o and
secutive weeks next preceding the sale in one or
f sar o psad nege m wn poeT on
time to time and give such notice of adjournment
thereof as the trustee might think reasonable un-
der the circumstances; and
Whereas, 1t 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 Ameri can Loan & Trust Company,
might have leave 10 and should join in the said
of by the said several DEGREES decreed TO be made.
the said sale so to be made 10 be made for the
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 sh ouid be sold entirety and
In one lot at public auction TO the highest bidder
therefor, under the direction of and ut day and
time to be named by the said Commissioner. in the
Utah, upon such terms as the Commissioner might
approve; it being likewise provided that public
be given by advert isement twice a week for four
consecutive weeks IN not less than two
York. Boston. salt Lake. Portland, Oregon, and
Omaha, with power 10 adjourn such sale from
complainant, such notice of the adjournment to be
given as the COmmi ssiOner mi ght think reasOna-
notices of sale and the notice of any such adjourn
petually bar the said defendant Railway Com
pany, and all persons claiming by. through, or
under 1t, from all right and interest In the said
be sud, either Mt law or in equity IL 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
from the said COmInS Toner and the said trustee
complainant, the Amer lean Loan q Trust Com
pany, deeds conveying and transferring the said
railways and premises to the purchaser, but SUBJ
ject to certain prior underly ing mortgages here
matter mentioned; and
Whereas, Ii was further provided by the
said several DEGREES that such sale shall be made
upon such terms as the Comm issioner might ap-
prove. any parties to the suits above mentioned or
secure Which the consoIdatsd MoTtgaS e"o Sa IS
executed, to be ct liberty to bid and become pur-
chasers at such sale; and
Whereas. anDaal
the Oregon Short Line e Utah North /
arn Railway Company, from The said decree in
The said cause as entered in the District OF Ore
gOn, and from the said decree, as entered in said
said decree as enIe red in said cause in the Dis
Lrict Of wyoming, all OF which said several ap-
and DEGREES OF the Appellate Courts to which the
,ses were remanded TO The several eourfs from
vbich the said anneals wera taten With sir ren
ions to proceed in the causes and to the en-
iorce ment OF said DEGREES, but reserying in
taken further jurisdiction in the
several causes for such further orders and de-
,rees at the foot of the several DEGREES rs might
De applied for as to all matters adjudicated
oy the DEGREES. and for further orders and direc-
ions to the Comm issoner touching the said sale
or the terms and conditions thereof es might be
equitable; and q
Courts have bee duly filed In the several courts
rom which the said appeals were taken direct /
mas duly issued thereon from each OF the said I
,ourts, directed and delivered TO the under /
aid DEGREES. for the proper enforcement thereof /
n accordance with the terms OF the said DEGREES; I
he so Sndersiened' John B. cIeiand, the COM; ny
missioner named by the said DEGREES and by me
American Loan & Trust Company. complainant /
In the said causes and trustee OF the said Corsoii-
lated Mortgage, the said trustee joining herein /
lnder and pursuant 10 the terms Of and by the (
1y 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 I
lies and any and all other property Of the Ore /
yon Short Line & Utah Northern Railway Com
Dany by it had or held on the lSt day of August,
lSS9 the date of the said Consolidated Mort /
gage, and all after acquired property thereafter
5y it acquired and comprising all the railways
md other property Of the said oregon Short Line
& Utah Northern Railway Company in the said
Sonsol ida. ed Mortgage expressed to be conveyed 4
hereby to the American Loan & Trust Company
nv. A. d. 1897. at the hour of ten CLOCK fore
lOon at salt Lake City in the State of Utah
formerly Territory OF Utah, at the door OF the
CURT house OF the County OF salt Lake in said
;cribed in the said Consolidated Mortgage as
Ali that line of railway, beginning at a point f
IN the Union Pacific Railway, at place called
Granger in the County of Sweetwater, in wyo-
md northwesteriy direction, into and through
he County of Uintah. in Wyoming, and into and
oneida. Alturas. Ada. and Washington in Idaho
branches to ketchum, in the County
Ada, in Idahol and thence into the County Of
Baker, IN oregon. and thence BY such route or
Directors Of the railway company. TO the CoIun-
ia River, Puget Sound, or the Pacific Ocean.
And also, all that inc OF railway. extending
rom any feasible point or points upon the said
ailwav in q northw esteriy. westerly, or south
westerly, direction into and through Wyoming,
Utah. Idaho, Oregon, Nevada, and California.
n any of them, TO such places and on such routes
IS the Directors may elect or determine, together
ines from any eligible point or points, by the
aoss feasible route to such other. places in wyo-
ming, Utah. Idaho, Mon tana, Washington, Oregon,
california, or Nevada, or any Of them as the