The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-02
NOTICE OF SALE.
OREGON SHORT LINE AND UTAH


In the Circuit Court OF the United States for the
District of Idaho.
In the Circuit Court OF the United States for the
District OF Montana.
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 In & UTAH NORTH
ERN RAILWAY COMPANY, Defendant.
the United states for the District of Oregon. hell
at the CITY Of Portland in said State ON the If
teenth day OF July, 1895, and at a term of the
trict OF Idaho on the twelfth day of december.
United States for the District of Montana on the
seventh day OF August, 1898, and at q term Of
District OF Wyoming on the twenty-seventh day
OF september, 1895, and at q term of the Circuit
court OF the United States for the District Of
Utah on the first day of December, 1896,
these certain several DEGREES were duly entered
N me aoove-enIltied cases then pending in each
OF the Circuit Courts above mentioned, ~foreclOs-
ing the mortgage of the defendant, the Oregon
Snort Line IL Utah Northern Railway Company.
commonly known as and called its Consolidated
Mortgage, which mortgage bears date the LIST day
OF August, 1SS9, and which said mortgage is the
consolidated Mortgage of the said Railway
company executed 10 the complainant in the
aDoVe-entitled cases as Trustee. and which is
more particularly mentioned and described in
me complainant $ bill OF complaint filed in the
above several cases; and
Whereas. 1t was in and by the said several
DEGREES ordered, adiudged, and decreed that the
said Consolidated Mortgage of the said defendant
company set forth in the bill of complaint afore-
Salu ana so made ana executed as Aforesaid and
bearing date as aforesaid, was a valid and sub
slsLlng mortgage and constituted q lien upon the
described In the said mortgage and hereinafter
described and
several DEGREES aforesaid further a%djudged and
decreed that all OF said property, real, personal,
and mixed, menti oned and described in said
mortgage, be sold unIer the direction of the
Undersigned, John b. CIeland, Commissioner
named m IN ana by the sag severa! DEGREES as above
underlying mortgages upon certain parts of the
said properties which are hereinafter specified
and by the said DEGREES, the proceeds Of such sale
10 be applied in satisfaction of the said several
DEGREES herelnbeIore mentioned, all of which
We're DEGREES for the same debt and in satisfaction
OF the interest thereon and OF the COSTS of he 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, 10 wit, the American Loan & Trust Company.
in the event of default in interest upon the said
and upon reques OF the hold rs OF one-ffth part
OF the bonds issued and outstanding secured
should sell and dispose OF the said nortgaged
premises by public auction at such time and
place in the CITY OF salt Lake, in the Territory
OF Utah NOV state of Utah. as the trustee might
determine, said trustee TO make such sale after it
snall nave given PUBLIC notice thereof and of the
time and pace thereof by advertisement pub
llshed in each OF the cities OF New York and
Boston not less than twice a week for four con-
secutive weeks next preceding the sale in one or
more newspapers there published, with power on
the part Of said trustee to adjourn sucn sale from
time 20 time and give such notice of adjournnen mt
thereof as the trustee might think reasonable IN
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 American Loan Il 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,
the said sale so to be made 10 be made for the
purpose Of forecl osing the said Consolidated
Mortgage, in acco rdance with the terms of the
said several DEGREES; and
Whereas, 1t was further adiudged and decreed
Oy the said several DEGREES that the said mort
gagged properties sh Ould be sold as en- entirety and
in one lot at public auction to the highest bidder
therefor, under the direction OF and ar a day and
Civ of salt Lake. in the Territory nov state -
Utah, upon such terms as the Commissioner might
notice Of snch sale and the time and piace tbsreof
be given by advertisement twice a week for four
consecutive weeks IN not less than two news
papers published in each of the cities of New
York, Boston, salt Lake, Portland. Oregon. and
time To- time a. the request OF the aid trnstee
complainant, such notice of the adjournment to be
given as the Commissioner might think reasOna-
plainant on its paIt 10 Join as such trustee in all
notices of sale and the notice of any such adjourn
petually bar the said defendant Railway Com
under it. from All right and Interest in tie soid
railways and prem Uses by the DEGREES orde.ed to
be sold, either at law or I'm equity, IL being like
wise decreed that upon such continuation Of sale.
the purchaser thereaf, upon complying with the
terms of the sale, should be entitled 70 receive
from the said Comm ssioner ana The said trustee
complainant, the American Loan x Trust Com
pany. deeds conveying and transferring the said
railways and premises TO the. purchaser, but sub
ject to certain prior underly Ing mortgages here
matter mentioned; and
whereas, II was further provided ny the
said several DEGREES that such sale shall be made
upon such terms Us the Comm ~isSioner might ap-
prove, any parties to the suits above mentioned or
secure which the consolidatSd MoTtgage was
70 be at liberty 10 bid and becCme pur-
chasers at such sale and
Whereas. An appeal was taken by the said
detendant, the Oregon short Line q Utah North
the said, cause as entered in the District of Ore
gon, and from the said decree, as entered in said
said decree as ente red in said cat Sc in the Dis
trict of wyoming, all OF which said several ap-
aud decrees of the Appellate Courts 70 which the
appeals were taken in the said causes, the said
Thfch the said appeals were taken, with diTec-
lions 10 proceed in the causes and to The en-
lSce m as u frS SaIo VIE ggC 81 eeS, oul IeseIElhg IN
taken further j~urisdict on in the
,rees at the foot OF the several DEGREES as might
De applied for as 10 all matters not adjudicated
oy the deer ees, and for further orders and direc-
ions 10 the Commissioners touching II e said sale
1r the terms and conditions thereof as might be
Whereas, Mandates from the said appellate
1ourts have been duly hled in the several courts
ng enforcement OF the sad DEGREES, AID Process
las duly issued thereon from each OF tie said
igned, the Comm issioner thereof n:ned i'm The
DEGREES. for the proper enforcement thereof
n accordance win the terms OF the SaiU CeCfeeS.
Now, therefore,, Notice is hereby gwen by
he Undersigned, John B. CleIsnd, the Com
named by the said DEGREES :nd by the
American Loan & Tlust Company, complainant
In the said causes and trustee Of the said COnsoli-
lated Mortgage, the said tru sree joining herein
lnder and pursuant TO the terms q and nv The
direction of the said DEGREES and because of end
~ virtue of power to 1t int rusted by the terms
md conditions of the said Consolidated Mort
,age. that all and singular the IaiIway proper
les and any and all other property Of the Ore
,On Short Line & Utah Northern Railway Com
ANY by 10 had or held on the LIST day of Aupusf
the date of the said Consoli dated Mort,
age, and all after acquired property thereafter
" it acquired and comprising all the RAILWAYS
md other property of the said oregon Short Line
Utah Northern Railway Company in The said
hereby to the American Loan & Trust Company
S trustee, will be sold on the ninth day of Janu-
A. d. 1897, at the hour of ten O'Clock, fore
loon, at salt Lake City in the state of Utah.
Ormerly Territory of Utah, at the dcor OF the
courthouse OF the County of Salt Lake in said
ity, which said property so to be sold is de-
cribed in the said Consolidated Mortgage as
ollows:
A that line of railway, beginning at A ,oint
n the Union Pacific Railway, at a place called
ranger, in the County OF Sweetwater, I'm Wyo-
ling, and extending thence In a general westerly
ne County of Uintah, in Wyoming, and into and
through the Counties of Bear Lake. Bingham,
media, Alturas. Ada. and Wash inCton. in Idaho
including branches 10 ketchum, In the County
Alturas: and TO Boise City, In the County or
'aker, in Oregon, and thence by such route or
Outes as may be determined by the Board of
directors OF the railway company. TO the Column
Ia River. Puget Sound, or the Pacific Ocean.
nd also all that line of railway, extending
any feasible point or points upon the said
.esterly, direction, into and through Wyoming.
tab. Idaho, Oregon, Nevada, and California,
the Directors NAV elect or determine, together
18th such extensi ols or branches of any OF said
lost feasible route to such other places in Wvo-
ling. Utah, Idaho Montana. Washington. Oregon,
or Nevada, or any Of them. as the
aid BDar1 OF Directors NAV from time IN time