The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-11

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 the Circuit Court of the United States for the
THE AMERICAN LOAN & TRUST COMPANY,
Complainant
THE OREGON SHORT LINE & UTAH NORTH
Whereas. At a term of the Circuit Court OIL
the United States for the district OF Oregon, hell
tenth day of July, 1895, and at G term of the
Circuit Court of the United States for the Dis
1895, and at term Of the Circuit Court Of the
United States for the District of Montana on the
the Ciicut Court Of the GIFTED s States Tor 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 Cour.s above mentioned, foreclos-
Short Line & Utah Northern Railway Company.
commonly known as and called its Consolidated
Of Aucust, 1885, and Which said mortgage is the
Consolidated Mortgage of the said Railway
above-entitled cases as Trustee, ami which is
more particularly mentioned and described in
the compl ainant bill of complaint fled in the
above several cases; and
Whereas. 1t was in and by the said several
said Consoidate5 Mortgage OF the said defendant
company set forth in the bin of complaint afore-
bearing date as aforesaid, was valid and sub
sisCing mortgage and constituted lien upon the
described in the said mortgage and hereinafter
described; and
several DEGREES aforesaid further adjudged and
decreed that all oil said property, real, personal,
mortgage, be sold un -er the direction of the
undersigned. John B. Cleland, Commissioner
mentioned, the sale 10 be made subject TO certain
underiylng mortgages upon certain parts OF the
and which are likewise particularly specified in
and by the said DEGREES, the proceeds OF such sale
DEGREES hereinbeIore mentioned, all of which
were DEGREES for the same debt and in satisfaction
suits and
Whereas. Likewise it was provided in and
among other tn ings that the trustee named there
in, TO wit, the American Loan & Trust Company,
Consolidated Mortgage, might in its discretion
and upon requ est of the holders of one fifth part
thereby. which request has been duly made
should sell and dispose of the said nortgaged
place in the city of Salt Lake, in the Territory
OF Utah NOW State OF Utah), as the trustee might
Shall have given public notice thereof ard of the
time and place thereof by advertisement pub
BSon not es Than mt twice week or four anp
secutive weeks next preceding the sale in one or
the part Of said trustee to adjourn suen sale from
time to time and give such notice of adjournment
thereof as the trustee might THINK reasonable IN
der the circumsa nces and
Whereas, 1t was further adjudged and decreed
in and by the said several DEGREES above mem
toned in the above entitled causes that the sald
trustee. the Americ can 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 10 be made,
the said sale so to be made TO be made for the
purpose of forecl osing the said Consolidated
Mortgage, in accordance with the terms OF the
said several DEGREES; and
Whereas, 1t was further adjudged and decreed
gagged properties sho uld be sold as entirety and
in one lot at public auction TO the highest bidder
therefor, under the direction of and at day and
time TO be named by the said Commissioner, in the
City of Salt Lake in the Territory now State) of
Utah, upon such terms as the Commissioner might
approve; it being likewise provided that public
notice of such sale and the time and place thereof
be given by advertisement twice a week for four
paners published in each OF the cities of New
York Boston, Salt Lake, Portland, Oregon, and
time TO time at the reouest or the said Trustee
compIainant such NOTICE of the adiournTnept 10 he
given as the COmmi SSloner might think reasOna-
Bic under the circu nsta noes the said trustee com
pla nant on its pant 10 join such trustee in all
notices of sale and the notice OF any such adjourn
petualiy bar the said defendant Railway COM
hinder IL from, ali Tight and 3nleIest in ne said
and prem ises by the DEGREES ordered TO
be sud, either at law i'll 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
the American Loan & Trust Cora
pany. deeds conveying and transferring the said
railwa and premises TO the purchaser, but sub
ject to certain prior underly ing mortgages here
matter mentioned; and
said several DEGREES that such sale shall be made
upon such terms the Comm issioner might APP
prove, any parties TO the suits above mentioned or
wheh th @ Moaee ws sS
executed, 10 be at liberty TO bid and become pur-
Whereas. An appeal was taken by the said
defendant, the Oregon Short Line q Utah North
the said cause as entered in the District of Ore
yon. and from the said decree, as entered in said
said decree rs entered in said cGrse in the Dis
trict of Wyoming, all of which said several ap-
and DEGREES OF the appellate Courts to which the
appeals were taken in the said causes, the said
which the said appeals were taken, with diTec-
lions 10 proceed IN the causes and TO The en-
he courls from viii CHI the appeals we're
respectively taken further jurisdiction in the
crees at the foot OF the several DEGREES as might
be applied for as 10 all matters not adiudicated
ov the deer ees, and for further orders and direc
ions TO the Comm ssioner touching tie said sale
or the terms ana conditions thereof as n. ght be
Whereas, Mandates from the said Appellate
Courts have bee duly filed in the several courts
ing enforcement of the SAID DEGREES, ard process
has duly issued thereon from each OF the said
signed, the Comm issioner tn ereof nSmed in the
'ad decreej. for the proper enforcement thereof
n accordance Win the TENS OF The said DEGREES,
Now, therefore, Notice Is hereby given by
he undersigned, John b. Cleland, the Com
missioner named by the said DEGREES md by the
American Loan & Trust Company, complainant
In the said and trustee of the said ConsoIi-
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
by virtue OF power TO it int rnsted by the terms
gage, that all and singular the railway proper
ties and any, and all other property of the Ore
L al
1889, the date of the said Consolidated Mort
gage, and all after acquired property thereafter
by it acquired and comprs ing all. the railways
and other property Of the sa id Oregon Short Line
& Utah Northern Railway Company in the said
thereby to the American Loan & Trust Company
as trustee, will be sold on the ninth day OF Janu-
noon, az Salt Lake City in the state OF Utah,
formerly Territory of Utah, at the door OF the
city. which said property so to be sold is de-
scribed in the said Consolidated Mortgage as
''All that line of railway. beginning at a point
On the Union Pacific Railway, at place called
ming, and extending thence ina general westerly
and northwestcriy direction, into and through
through the Counties of Bear Lake Bingham,
Oneida, Alturas Ada, and Wash ingtOn. in Idaho
Iinc.l,Qding oIanche, 70 keteg,hum; in the County
Ada, in Idaho, and thence into the County of
Baker, in OREGON. and thence by such route or
routes may be determined by the Board of
Directors of the railway company. TO the Colrm-
oia River, Puget sound, or the Pacific Ocean.
And also all that line OF railway, extending
from any feasible point points upon the said
railway in north esterly. westerly or south
westerly direction, into and through Wyoming,
)r any of them, such places and on such routes
IS the Directors may elect OF determine. together
with such extensions or branches of any of said
lines from any eligible point or points, by the
ming, Utah, Idaho Mon tana, Washington, Oregon,
Sa y or Nevada. or any of them, as the
81 q n rQi WAY no.