The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-06

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 L Trust COMPANY,
Complainant,
THE OREGON SHORT LINE & UTAH 1>>RTH-
ERN RAILWAY COMPANY, Defendant.
the United states for the District Of Oregon hell.
az the City OF 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,
United States for the District Of Montana on the
seventh day OF August, 1859, and at q term OF
the circuit Court OF the United states for the
District OF wyoming on the twenty -seventh day
Court oil the United states Tor the District OF
Utah on the -lirst day of December, 1896,
these certain several DEGREES We're duly entered
In The above-entitled cases then pending in each
of the Circuit Cour;s above mentioned, ioreclOs-
ing the mortgage OF the defendant the Oregon
Short Line & Utah Northern Railway Company:
commonly known as and called its Consolidated
OF August, 1888 and which said mortgage is the
ConSol idated Mortgage of the said Railway
aooNe-entitled 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. It was in and by the said several
said Consolidated Mortgage OF the said defendant
company set forth in the bill of complaint atore-
bearing date Aforesaid, was q valid and sub
sisting mortgage and constituted lien upon the
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 under the direction of the
undersigned, John b. Cleland, Commissioner
mentioned the sale TO be made subject to ceuain
underlying mortgages upon certain parts of the
and which are likewise particularly speci fed in
and by the said DEGREES, the proceeds OF such sale
DEGREES heIeinbeIOre mentioned, all of which
were DEGREES for the debt, and in satisfaction
suits; and
whereas. Likewise it was provided in and
by the terms of the said Consolidated Mortgage
among other tn ings that The trustee named TN, Ie
in, 10 wit, the American Loan & Trust Company.
Consolidated Mortgage, might in its discretion
and upon request Of the holder of one fifth pant
should sell and dispose of the said nOrtgaeed
place in The tity Of salt Lake in the Territory '
OF Utah NOW 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 Tor four con-
secutive weeks next preceding the sale in one or
the part Of said trustee to adjourn sale from
time 10 time and give such notice Of adjournment
der the circumstances and
Whereas, It was further adiudged ana decreed
toned in the above entitled causes that the said
trustee. the American Loan d Trust Company,
mi ght have leave TO and should join in the said
sale and in the notices and advert sement there
of by the said several DEGREES decreed be made
the said sale so to be made 10 be made for the
purpose OF lOrecl oSl ng the sald consolidated
Mortgage, in accordance with the terms of the
said several DEGREES; and
Whereas. 1t was further adiudged and decreed
oy the SAID several DEGREES mat Inc SAID mort
therefor, under the direction of and at a day ard
time 10 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
notice of such sale and the time and place thereof
be given by advertisement twice week for four
consecutive weeks IN not less than two news
papers puol lsneI IN elch OF the clt's OF New
York, Boston, Salt Lake, Portland. Oregon, ard
Omaha, with power to adjourn such sale from
time 70 time at the Request OF Tue sald trustee
complainant, such notice OF the adjournment 10 be
pie under the clrcunsta nces,th salG trustee COM
plalnant on its palt to join such trustee in all
lneEt, suGh SAFE on con uInat loh tnefto 10 per-
petually bar the said defendant Railway Com
pany, and all persons claim ing by. through,
uhqer II, IRON All IISh anu interest IN Inc Sald
railways and prem ISIS by the DEGREES OrGcIe,i to
be SUD- either at law or in equity, II heinz like
wise decreed tnat npon sucn continuation 81 sale,
the purchaser the reat, upon complying with the
from the said Comm IS iOner and The said trustee
complainant, the Amer lean Loan & Trust Com
Railways and premises 10 the purchaser but sub
ject 10 certain prior underly ing mOrtgaies here
matter mentioned and
whereas, 1t was further provided by the
said several DEGREES that such sale shall be made
upon such terms as the Comm isSicner might ap-
prove,any parties to the suits above mentioned OF
the holders OF any OF the ConsOlidf ten Bonds to
secure which the Consolidate Mortgage was
executed. 10 be at liberty 10 bid and become pur
chasers n such sale; and
Whereas. An appeal was taken hy the said
defendant, the Oregon Short Line & Utah North
ern Railway Company, from tie said Get zee in
the said cause as entered IN The District OF Ore
cause in the District OF Montana. and from The
said decree as entered IN salq can Sc IN Tie Dis
trlct oi wyoming, an OF whlch SAID several ap-
peals have been duly dismissed and by the orders
and DEGREES OF the Appellate courts T. which the
causes were remanded to the several COZ rts from
which the SAID Appeals were taken, with direc-
tionS 10 proceed IN the causes ana TO the en-
force ment OF said DEGREES, but reseTvlng in
taken further iurisdict on in the
several causes for such further orders and de-
crees at tne foot Of the several DEGREES as might
by tie DEGREES and for further orders and diTec-
tons 10 the comm IS ioher Ouchlhg ire said sale
or the terms and conditions thereof as might be
equitable; enc
Courts have been duly filed In the several courts
from which the said ap peals were taken direct +
ing eniorceIneng OF lhe sai9 eecFseS, s;d lrecesS
has duly issued thereon from each OF the said
courts, directed and delivered 10 The der T
signed, the COMM oner IN ereel NJ med IA me
sid DEGREES. Tor me proper enc rceMt III thereon
in accordance with the terms OF the sand DEGREES;
Now, therefore, Notice Is hereby given by
the Undersigned, John b: Cleland, the Com
missioner named by ;he aid DEGREES end by the
American Loan & Trust Company, complainant
in the said causes and trustee OF the said C0n>oli
dated Mortgage, the said tru sree 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 10 IL int rusted by the terms
and conditions OF the said Consolidated Mort
gage, that all and singular the railway proper
gon Short Line sS Utah Northern Railway Com
pany by il had or held on the LIST day of August
1889, 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
d Titan Northern halfway Company IN the said
Consol ida. ed Mortgage expressed to be conveyed
thereby to the American Loan Il Trust Company
as trustee, Will be sold on the ninth day OF Janu-
ary, a. ID. 1897, at the hour of ten clock, fore
noon, at salt lake City in the state of Utah.
Territory of Utah, at the door OF the
CouTt-horIse OF the County OF salt Lake i'm said
city, which said property so 70 be sold is de-
scribed in the said Consolidated Mortgage as
s'AIl that line of railway, beginning at ,loint
on the Union Pacific Railway, ut pace called
ming and extending thence in q general westerly
and nOrthWesterly direction, into and throra
through the Counties of Bear Lake. Bingham
Oneida Alturas. Ada, and Wash incton. in Idaho
(including branches to ketchum In the County
OF Alturas and 70 Boise ely, 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 determined by the Board of
Directors Of the railway company, to the Column
bia r. yer, Puget Sound, or the Pacific Ocean,
And also all that line OF railway, extending
from any feasible point or points upon the said
railwa in g. north, est rly, westerly. or south
westerly direction into and through wyoming
Utah. Idaho, Oregon, Nevada, and California
Or any OF them, TO such places and on such routes
rs the Directors ell ect or determine, together
lines from any eligible point points, by the
most feasible route to such other places in WyO-
California, or Nevada, or any of them, the I
said ByarI OF Directors nay from time to time