The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-05-14

port was nied. and erred IN finding that
MIG was the amount OF interest due from
October /. 1855. to the date Of the decree.
In finding that the persons owning and
holding - OF said bonds which had been
deposited with the Manhattan Trust Com
pany, are unknown.
In finding that on October L lss& there
were no liens or fncumbrances upon any
of ths property OF defendant prior to the
lien Of the mortgage.
In finding that the Lake Shore pay OF
cause 70 be Inid to the Union Trust Com
pany on or before February .. 1895. the
sum OF q. SIS ,e9o together with interest
found to b due by the terms Of the de-
cree.
In ordering that the aggregate Of the
sums of principal and interest cecreed to
be paid by the Lake Shore to the trust
company before February Z 1886, are valid
and subsisting Hens and charges upon all
the property OF the Lake Shore covered BY
the mortgage.
In ordering the sale Of the property by
the special master OF the court to satisfy
the amount due: In ordering that the out
standing bonds secured by the mortgage
could be used and applied In making pay
ment OF the purchase price Of the road At
the sale, in finding that the proceeds after
payment OF the costs be distributed pro
rata and paid by the clerk Of the court 10
the bondhoiders: In ordering that the Lake
Shore be personally liable for and shall pay
the trust company the amount OF any de-
hcieney, with interest. which may remain
due after the sale Of the properties; In
ordering that after the sale the master In
chancery shall execute and deliver to the
purchaser or purchasers In deed Of convey
ance. In fee simple for the property so pur-
chased: in ordering that the Lake Shore
by its proper officers Join in the execution
Of the deed.
In ordering that the Lake Shore and all
persons claiming by. through or under 10
since the commencement of this suit be
forever barred and foreclosed from the
right OF redemption and claim Of. in and
to tho mortgaged premises or any part
thereof covered BY the mortgage.
In ordering that the purchaser or pur-
chasers be let into the mortgaged prem
ises and that all such premises be sur
rendered to him
In ordering that all Of the property
mentioned In the decree Is covered by the
mortgage and in ordering the same to be
sold.
In ordering that 1850 shares OF tho sur
plus stock OF TIE Union Depot Company
OF spokane Fails. and a certain Ieasehold
estate for ninety-nine years By the depot
company to the Lake Shore road and near
Spokane were included In the mortgage.
Ths property at Spokane which u Is
osscScA SdoI1I HDt Dc Spius tDt ItdSDtl
that IL In not covered by the mortgage Is
described In the decree as follows:
Twenty-Five hundred shares OF the cap
ital stock OF the Union Depot Company, Of
Spokane Falls. Wash. a corporation duly
Incorporated under the laws Of the ter
rftory OF Washington. and belonging to
said Seattle, Lake Shore & Eastern Rail-
way Company. and also a certain lease
hold estate for the period OF ninety-nine
years In and TO certain property leased
By said Union Depot Company. situate in
or near the city of Spokane"
It Is also alleged that the property and
lease are not covered by express terms
in the mortgage or by any reasonable in
tendment. The property was acquired
after the execution OF the mortgage and
under circumstances that II was not and
should not be IN the mortgage. Such was
the understanding. II Is claimed. between
the Lake Shore. the Union Depot Company
and the Washington & Idaho Railroad Com
panv. the owners OF the depot company
stock.