The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-18
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NOTICE OF SALE.
OREGON SHORT LINE AND UTAH
NORTHERN RAILWAY COMPANY.


In the Circuit Court Of the United states for the
District of Iralo.
In tie 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 A,ER,c pssr ios q wSo TRnsr COMPANY
Complainant,
ERN RAILWAY COMPANY, Defendant.
Whereas, At term of the Circuit Court OF
at the City OF Portland in said state on the If
tenth Day Of July, 1893, and at term OF the
trlct of Idaho on the twelfth day Of December,
1895, and al term Of the Circuit Court OF the
seventh day of August, 1885, and at a term OF
the circuit court OF the United states Tor the
OF September, 1895, and al q term OF the Circuit
S S OF me United states ior the district q
these certain several DEGREES were duly entered
of the Circuit cour,s above nentioned. forecios-
Short Line & Utah Northern Railway Company.
commonly known as aud called its Consolidated
Mortgage, which mortgage bears date the LIST day
Consolidated Mortgage Of the said Railway
Company executed 10 the complainant in the
aoove-entitled cases as Trustee. and which is
more particularly mentioned and described in
the complainant bill Of complaint filed in the
Whereas. 1t was in and by the said several
DEGREES ordered adjudged, and decreed that the
company set forth in the bill of complaint afore-
said and so made and executed as Aforesaid and
sisling mortgage and constituted lien upon the
mortgaged premises; property, and franchises
Whereas, 1t was therein and in and by said
several DEGREES aforesaid further adiudged and
decreed that all OF said property. real. personal,
mortgage, be sold I'm .er the direction OF the
undersigned John d. cleland, Commissioner
named IN and by the said several DEGREES as above
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 hereinbeIore mentioned, all OF which
were DEGREES for the same debt and in satisfaction
OF the interest thereon and OF the costs OF the said
suits and
Whereas. Likewise 1t was provided in and
by the terms of the said Consolidated Mortgage
among other III inss that the trustee named thu
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 holdtrs of one-fiftI pant
thereby. which request has been duly made,
should sell and dispose of the said mortgaged
place in the tty OF salt Lake in tie Territor y
OF Utah NOV state of Utahl. as the trustee might
shall have given public notice thereof and of the
time and pace thereof by advertisement pub
Boston not less than twice week for four con-
secutive weeks next preceding the sale in one or
the part Of said trustee 10 adjourn suca sale from
time TO time and give such notice of adjournment
Whereas, 1t was further adjudged and decreed
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.
purpose of iorecl osing the said Consolidated
Mortgage, in accordance with the terms of the
Whereas, It was further adjudged and decreed
by the said several DEGREES that the said mort
In one lot public auction TO the highest bidder
therefor, under the direction of and at day and
City of salt Lake in the Territory NOW state) Of
Utah, upon such terms the Commissioner might
notice of such sale and the time and place thereof
be given by advertisement twice a week for four
papers publ ished in each Of the cities Of New
YORK, Boston. salt Lake, Portland, Oregon, end
Omaha, with power TO adjourn such sale from
time to time at the request OF the said trustee
complainant, such notice OF the adjournment TO be
given as the Commissioner might think reasona-
Bile under the crcumsta noes, the said trustee COM
planant on its pant TO join as such trustee in all
ment, such sale on con firmation thereof TO per-
petually par the SAID detenGant Railway Com
under IL, from all right and interest in the said
be sold, either at law or in equity, il being like
wise decreed that upon such confirmation OF sale.
terms of the sale, should be entitled to receive
IRON the said Commissioner and the said trustee
pany. deeds conveying and transferring the said
railways and premises 10 The purchaser. but sub
ject 10 certain prior underlying mortgages here
whereas, 1t was further provided by the
said several DEGREES that such sale shall be made
upon such terms the Commissioner might ap-
prove any parties to the suits above mentioned or
ses Mheh fh @ Mase w s9
executed, to be at liberty TO bid and become pur-
whereas An appeal was taken by the said
defendant, the oregon Short Line & Utah North
ern Railway Company, from The said decree in
gon. and from the said decree, as entered in said
cause in the District OF Montana. and from the
said decree as entered in said cause in the Dis
trict of Wyoming, all OF which said several APP
peaIs have been duly dismissed and by the orders
and DEGREES of the Appellate Courts 10 which the
appeals were taken in the said causes, the said
causes were remanded 10 the several courts from
which the said appeals were taken, with direc-
tions TO proceed IN the causes and to the
the courts from viii ch the appeals were
respectively taken further jurisdiction. in the
crees at the foot of the several DEGREES might
be applied for as 10 all matters not adiudicated
lions to the Comm ssioner touching the said sale
or the terms ana conditions thereof as might be
whereas, Mandates from the said Appellate
Courts have been duly filed in the several courts
from which the said ppeals were taken direct
ing enforcement of the said DEGREES, md process
has duly issued thereon from each of the said
signed, the Comm issioner tn ereof named in the
said Decree Tor he prefer e % al9 thereof
Now, therefore, Notice Is hereby given by
T.
missioner named by the said DEGREES snd by tine
American Loan & Trust Company, complainant
In the said causes and trustee of the said Consol
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
and conditions of the said Consolidated Mort
gage, that all and singular the railway proper
ties and any and all other property Of the Ore
pany by it had or held on the LIST Cay of August,
1SS9, the date OF the said Consolidated Mort
gage, and all after acquired property thereafter
BY it acquired and comprising all the railways
and other property of the said Oregon Short Line
* Utah Northern Railway Company in the said
Consol dated Mortgage expressed TO be conveyed
thereby to the American Loan 4 Trust Company
airy, A. d. 1897, at the hour of ten O'Clock fore
noon, at salt Lake City in the state of Utah,
formerly Territory OF Utah, at the door OF the
city, which said property 80 to be sold is de-
scrihed in the said Consolidated Mortgage
ssAiI that line of railway. beginning at = point
on the Union Pacific Railway, at place called
Granger in the County of sweetwater, in Nyo-
ming, and extending thence in general westerly
and 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 Wash ington. In Idaho
Oncluding branches 10 ketchum, in the County
Of Alturas. and TO Boise City, in the County Of
Ada, in Idaho, and thence into the County OF
Baker, in oregon. and thence by such route or
routes as may be dete rmlned by the Board of
Directors OF the railway company, to the Column
bia River, Puget sound, or the Pacific Ocean,
from any feasible point or points upon the said
railway in q nOrthw esterly, westerly. or south
Utah. Idaho, Oregon, Nevada, and California,
or any of them. 10 such places and on such routes
as the Directors may eie or oesermine, together
lines from any eligible point or points,, by the
most feasible route 70 such other places in wyo-
California. or Nevada, or any Of them, the
said Board OF Directors nay from time to time
ginning at Pocatelio, in the County of Bingham.