Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-04-07


closure 81 said mortgage Of said San.
GA ~ Central Railway company BE-.
came and was absolute on and prior
90 the date 81 the fling of said bill
That ne interest due upon eald bonds
ne az nccember l. 1919 Including M.
terrsl on the unpaid ana defnulteJ
coupOns amounts 10 She sum Of on.
ste. 500 and viii amount a. the sum
~ tl.bO0.ass on June 1. 1913. n nons
~ the said bonds or interest thereon
y paid ~ shat date. that che said
nlltahurn Tfaati cnmpany. Trustee AN.
der aaid bonds ~ Interest thereon q
paid ~ that date. that the said Pitts
burg Truet company. ireatee mudes
eaia moftgasa. complainant herein, r.
p nliilfd 81 q decree ~ fnrecloeure for
the toliecti9n thereof az prayed for
im ~ bin flied IN this ease - No.
OGia.
9. That npon sags made under
said DECREE the entire amount OF
the principal az 40 the bonds issued
under and sccuffd ~ said mort Eagc
80 said santa We central RAILWAY
company. and then enfsfandinR to-
wit the sum ~ $4,000. 900. VIII be-
come Immediately due and payable
G. That the antife property Cow
cred by said mortgage 90 said santa
lfe Central HALLWAY company shall be
sold IN one parcel and a. an entirety,
and that the purchaser az purchasers
nt such sale in making settlement or
payment Of the purchase price viii
be- ensltled 10 turn In and use the
bonds aud coupons held by him or
Them IN part paymcn, Of the pur-
chase price as provided IN section
Of Article VI of Euid mortgage, as r.
recIted IN finding OF fact No. ~.
:. That the money secured by the
receivers certificates issued by
Charles G. Murray. receiver. outstnnd-
inH and unpaid. az r. shown w find
ing OF fact No ~. to-wlt. the sum OF
sac, 600, with Interest az the rate Of
per cent per annum from the tn
day Of September. 1912. constitute
liens prior 20 the lien ~ the said
mortgage executed by said santa re
Central Railway company 20 said
Pittsburg Trust company
3. That neither the Domonion
CONSTRUCTION company nor the Fer
ruson Contracting company has any
lien or claim upon the property EN-
hraced in and covered by the mort
gage o. the Santa Re Central Railway
company hercinbcfOre mentioned,
which is or can be prior or superior
| TO the lien OF the mortgage of said
santa re Central Railway company
20 said IittsburE Trust company trus-
tee. and that the ciaim or claims &c
said parties are inferior and suhordi-
nate to the lien OF said mortgage.
9. That neither Harry 5. Friday.
=. Archibeqne, A. J. Apodaca. Andres
Vigil. Alberto Vigil. W. a. sutton. r..
B shreves. u. O'Laughlin. n. X. Dur
kan, w. Evers. l.. NJ. way u. ~. CAT
kins, w W. Richardson. Epimcnio v.
Garcia. Prudencla Garcia. V. I.ovato'
H. Y, limerick. w. ~. ~ Thomas. &c.
u. Reel. r. Doddrldgc, A. Butterworth
aud Felipe Garcia. nor any Of them.
have or are entitled Ia any lien or
claim upon the property embraced IN
ana covered by the mortgage Of said
Santa &c Central Railway company
TO said Pitisburg Trust company,
hereinbcfore mentioned or referred 20
! which IL prior or superior so the lien
1 Of said mortgage. but the claims 81
said parties hereinbefOre mentioned
are inferior and subordinate TO the
lien Of said mortgage.
10. That n. ". Iaughlin and Rob-
crt Law are not entitled TO any lien
or claim Ia preference To the mort
gage OF the Santa Re Central Railway
company % the Phtsburg Trust com
pnny or the holders Of the bonds Sc
cured thereby.
n. That the Judgments Of u. 3.
Friday. the Hicks Locomotive y Cas-
Works. ,and of the Speedwell Motor
Car company. are not superior Hen
upon the properties covered by the
said Santa he Central Railway com
pany mortgage under the issues rails
ed IN cause No. G6i3 aforesaid. but
are Inferior thereto.
~. That the claim Of the Provi-
dent Savings Bank A. Trust company.
the Cincinnati Equipment company.
and the claims Of Hunter a. Nicola.
shan. are not superior 10 the lien Gre
ated by the said Santa Re Central
Railway company mortgage and the
1000 bonds issued hereunder but
are inferior thereto.
i3. That the New Mexico Central
! Railroad company ~ the owner of
fifty-two (52) tracts or parcels OF
land situated In the county of Santa
| See, In said state. an of which tracts
Of land are subject 90 the HEN OF tho
said Santa Fe Central Railway com
pany mortgage. fun schedule at
said lots tracts ana parcels of "a I'D,
with the name of the Erantor. dee
scription of the property. the date ~
| record, and tn place % record. b. at
tached hereto aud marked Exhibit a.
~ The defendant. the New MeXi-
60 Central Railroad company, nor the
creditors thereof. are not entitled to
any equity OF redemption provided boy
Section OF Chapter 1870 OF the mwe
OF New Mexico ot the Session Of 1903,
page $50. or under any OF the laws of
the state of New Mexico, but that said
property subject to the Hen OF the said
mortgage of the Santa Re Central
Railway company 20 the Pittsburg
Trust company trustee, should moi
be sold until after the expiration of
ninety days from the date of amy de-
cree ~ sale entered herein.
IS. That tho court should retain
and hold from and out Of the decree
Of sale. all matters. issues and things
| A.. L..