The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-08
THE QREGoN sHoRT LINE { UTAH NORTH.

In the Circuit Court Of the United States for the
THE ANERrCAN loan !: Trust COMPANY.
Complainant,
THE OREGON SHORT LINE & UTAH NORTH.
ERN RAILWAY COMPANY, Defendant.
the United States Tor the District OF Oregon, hell
at the City Ct Portland in said State on the fif-
Circuit Court of the United States FOR the Dis
trict Of Idaho on the twelfth day OF December,
1895, and ct a term OF the Circuit Court of the
United States for the District of Montana on the
seventh day of August, 1895, and at term of
1ne circuit Court OF the United states Tor the
District OF Wyoming on the twenty seventh day
rp % 3 4Syo ana az a term OF ne Sircuis
Utah on the first day of December, 1886,
these certain several DEGREES were duly entered
in the above-entited cases then pending in each
OF the Circuit Cour.s above mentioned, foreclos-
ing the mortgage of the defendant, the Oregon
Short Line Il Utah Northern Railway Company:
commonly known as and called its Consolidated
OF August, 1SS9, and which said mortgage is the
Consolidated Mortgage of the said Railway
aoove-entltled cases as Trustee, and which IS
more particularly mentioned and described in
the complainant S bill Of complaint filed in the
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-
bearing date as aforesaid, was valid and SUBJ
sisting mortgage and constituted lien upon tie
mortgaged premises, property, and franchises
described in the said mortgage and hereinafter
described and
several DEGREES aforesaid further adjudged and
decreed that all of said property, real personal,
mortgage, be sold un .er the direction of the
undersigned, joan i: Cleland, Commissioner
named in and by the said several DEGREES as above
mentioned, the sale to be made subject to ceuain
underlying 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
We're DEGREES for the same debt, and in satisfaction
a lnf Arunn gndn he nj fl0aC
suits; and
Whereas, Likewise 1t was provided in and
by the terms of the said Consolidated Mortgage
among other In ings that the trustee named the
in, to 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 holder of one-ifth pant
thereby. which request has been duly made,
should sell and dispose of the said mortgaged
premises by public auction at such time and
place in the City of Salt Lake, in the Territory
OF Utah NOV state OF Utahl. as the trustee might
shall have given public notice thereof and of the
time time ana p ace thereof by advertisement pub;
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 sale from
time TO time and give such notice of adjournment
thereof as the trustee might think reasonable IN
Whereas, II 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 Americ lean Loan & Trust Company,
sale and in the notices and advertisement there
of by the said several DEGREES decreed 10 be made
the said sale so 10 be made 10 be made for the
purpose of forecl osing the said Consolidated
Mortgage, in ccordance 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 ould be sold as an entirety and
in one lot at public auction TO the highest bidder
time 10 he named by the said mis- N he
City of Salt Lake, in the Territory NOW State) of
Utah, upon such terms the Commissioner might
il being likewise nrOVided that rublic
notice of suSh SAFE and the time and place thereof
be given by advert isement twice week for four
consecutive Weeks IN not less than two news
YORK Boston. salt Lake. Portland. Oregon. and
6naha 9TH I,oerar 70 "a ionrI1 sIIc 80 f,dr
c1mniainart such notice of the adjournment 10 he
given the Commi ssioner might think reasona-
bic under the clrcumSta noes, the said trustee
palnant on its pant 10 join as such trustee in all
notices OF sale and the notice of any such adjourn
petualIy bar the said defendant Railway Com
pany, and all persons claiming by. through or
under it, from all right and interest in the said
railways and premises by the DEGREES ordered TO
be sold, either at law or in equity. it 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 Comm sSiOner and the said trustee
complainant, the American Loan d Trust Com
pany, deeds conveying and transferring the said
railways and premises TO The purchaser, but sub
tect to certain prior underlying mortgages here
Whereas, It was further prOvldeq by the
said several DEGREES that such sale shall be made
upon such terms US the Comm ssoner might ap-
prove any parties to the suits above mentioned or
the holders of any OF the ,Consolidateo Bonds to
executed, TO be at liberty TO bid and become pur-
chasers at sucn sale: and
Whereas. An appeal was taken by the said
defendant, the Oregon Short Line d Utah North
Sba I'm Pay irI i ~, be Siu ~ On IN
cause in the District OF Montana. and from the
said decree rs enIe red in said caTse in lie Ms
peaIs have been duly dismissed and bv the orders
and dpcr1pS- of the AID late Courts which the
appeals were taken in the said causes, the said
caiIses were remanded to the several courts from
which the said appeals were taken, with direc-
lions tCt)rOceed IN the causes and to the en-
force ment of said DEGREES, but reserving in
the courts from which the APPEALS were
taken further jurisdiction in the
crees at the foot of the several DEGREES as might
be applied for as 10 all matters not adjudicated
by tue DEGREES and for further orders and direc-
tions to the Comm issioner touch ing tie said sale
or the terms ana conditions thereof as Nigh be
Whereas, Ma ndates from the said Appellate
Courts have been duly filed in the several courts
from which the said appeals were taken direct /
ing enforcement of the SAID DEGREES, and process
has duly issued thereon from each OF the said
courts, directed and delivered to The under +
signed, the Comm ISIS oner tn ereof na1.ed in the
said DEGREES for the proper enforcement thereof
in accordance with the terms OF the said DEGREES;
Now, therefore, Notice is hereby given by
the unders igned, John b: Cleland, the COM
missioner named by the said DEGREES and by the
American Loan & Trust Company, compla inant
in the said and trustee of the said COnsoli
dated Mort gage, the said trustee joining herein
under and pursuant 10 the terms Of and by the
direction OF the said DEGREES and because of and
by virtue of power to 1t int rusted by the terms
gage, that all and singular the railway proper
ties and any and ell other property of the Ore
pany by it had or held on the LIST day of August
1889, the date of the said Consol idated Mort
gage, and all after acquired property thereafter
by it acquired and conprlsln g all the railways
and other property of the said Oregon Short Line
Console ated Mortgage expressed to be conveyed !
thereby to the American Loan IL Trust Comnany
as trustee, will be sold on the ninth day of Janu-
airy, 4. d. 1897, at the hour OF ten clock fore
noon, at Salt Lake City in the state of Utah.
formerly Territory of Utah, at the door OF the I
Courthouse OF the County Of salt Lake in said [
city, which said property so to be sold is de-
scribed in the said Consolidated Mortgage as
s'AII that line of railway, beginning at 3 point
on the Union Pacific Railway at place. called +
ming and extending thence in general westerly /
and nOrthweSterly direction, Into and through I
the County of Uintah, in wyoming, and into and
Oneida Alturas Ada, and Washington. in Idaho
Including branches to Ketchum, IN the County
Ada. in Idaho. and thence into the County of
Baker, in oregon, and thence by such route or
Directors of the railway company. to the Coluni-
bia River, Puget Sound, or the Pacific Ocean, 4
from any feasible point or points upon the said
railway in q nortilw est ry, westerly or sollth-
westerly direction, into and through Wyoming,
Titan. Idaho, Oregon, Nevada, and California,
Or any of them, TO such places and such routes
Is the Directors may ect or determine, together
with such extensions or branches OF any of said .
lines from any eligible point or points, bv the {
most feasible route TO such other places in Wyo- /
ming, Utah, Idaho, Mon tana, Washington, Oregon.
Nevada or any of them, as the
said Board OF Directors may from time to Il. q /
determine And also all that line of railway be-
ginning at Pocstello, in the County of Bingham
In Idaho, and thence running in general north
erly direction. through the County Of Bingham,
Counties OF Madison, Beaver Head, Silver Bow
and Deer Ledge, in Montana and sl thence by the !