The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1910-10-22

number OF eneep ana thereby renoeT
the operations Of said corporporatioD
more profitable. That the officers OF
said defendant corporation believing
such representations. on or about the
9th day Of March. 1910. executed a Trust
Deed to the above named defendants,
A. E. Kimball, r. @. Tarri,in and
Spencer Reynolds. by way of security
of the various claims Of the said bank
and other creditors.
s. That notwithstanding said repre-
sensations neither said trustees nor said
banks advanced additional mtnsy foi
the purpose Of purchasing an additional
number Of sheep. but instead thereof
said defendants. A. E. Kimball, X. q
Turrittin and Spencer Reynolds. arr
endeavoring to make sale Of all the real
aud personal property Of said defendent,
Eureka Live Stock Company. for a SUN
that will be insufficient to pay all Of the
claims made against said Live Stock
Company.
8. That your orator has just been in
formed and believes. and therefore al
leges, that the said defendants. A. Z.
Kimball. r. @. Turrittin and Spen.
Ger Reynolds, have proceeded to said
Eureka with the declared purpose and
intent of making sale of all Of the
said property of said Eureka Live
Stock Company for q sum less than
said claims to parties whose true
names and residences are to the
plaintiff unknown, and whose true
names your orator graves leave to sub
stitute for those of John Doe and
Richard Roe when their true names and
addresses become known to him.
z. That . considerable portion Of said
property is situated at and within a
short distance Of said Eureka that said
Eureka Live Stock Company is the
owner OF the Ruby Hill Water Works,
which has heretofore furnished water
for five or more mines situate on or near
the line Of the Eureka and Palisade
Railroad that during the Spring Of
1910 a considerable portion Of said rail-
way was washed out and destroyed by
foods, so that since such time most or
all of said mines have been closed down
for want of shipping facilities. That
your orator has been informed aud be-
lieves, and therefore alleges, that said
railway is about to be repaired and
operated that during the temporary
cessation of operations Of said railway
the said Eureka a be reached only
by stage or private conveyance for q
Pacific Railroad that in consequences
thereof all mining properties. all ranch
properties. including the said Ruby
Hill Water Works, and stock. sheep,
horses and cattle are temporarily of less
value than they will be on the reopen
ing of said railway and track. In con-
sequence Of said conditions in and about
said Eureka your orator believes and
alleges that the present is a very mop.
perfume time at which to dispose Of the
property and assets of said Eureka Live
Stock Company.
s. That your orator has been inform
ed by some of the officers of said corpora.
ton, and therefore alleges. that the
property and assets Of said corporation
on the reopening of said railway will
be worth from 5000. 000 to $3.50, 900.
That said defendants, A. E. Kimball.
r. o. Turrittin and Spencer Reynolds,
are threatening and intending to sell
the whole of the property and assets
Of said corporation for the sum of
about 1921. 900. which includes the sum
of about 50. $50 in cash, unless restrain
ed by the order aud injunction Of this
Honorable Court.
8. Your orator has been informed by
his solicitor, and believes, and therefore
alleges. that the said trust deed given
to said defendants, A. E. Kimball, r.
q. Turrittin and Spencer Reynolds. be-
ing given by way Of security for debts,
is in legal effect, merely a mortgage,
and that under the laws of the State
of Nevada no mortgage IA be for
closed, or the pr operty included therein
sold except after a foreclosure of the
same in and through some court of
competent jurisdiction. That your
orator has been informed and believes,
and therefore alleges that said named
defendants, A. E. Kimball, r. O. Tur-
rittin and Spencer Reynolds. have not
taken any proceedings in court for the
purpose Of foreclosing said mortgage by
way of trust deed. but that they
threaten and to sell and convey away
the came without taking any legal pro-
~ceedings whatsoever.
10. That the property and assets Of
the said Eureka Live Stock Company
consist chiefly of nearly 5000 acres Of
land owned by it and Of about $4,000
acras of land hald nv IL uudar laaaa and