Evening capital news. (Boise, Idaho) 1901-1927, 1919-05-08
LEGAL NOTICE.


tor cars. passenger cars. trailers. flat
senger cars.
(c) All franchises including Boise City
ordinances No. 49, approved September
No. 712 approved March 22. 1907. and that
certain franchise granted by the Board
of Commissioners of Ada County. Idaho,
(D A certain tract Of land in Ada
County, Idaho, described as follows:
Beginning at an iron pipe on the sec
township North, Range Q East, B. NJ.
l1.sS chains south Of the quarter section
corner, or 2S.07 chains north of the south
east corner of Section 81 OF above town.
snip; thence turning an angle OF AZ de-
grees to the left from said section line
and running down the Valley Road 1852
chains to an iron pipe on the east and
west quarter section line and at 1905
chains, turning an angle of 63 degrees
~ minutes to the left and running dis
of beginning; being the northwest corner
of tract surveyed; thence south IS de-
grees ~ minutes west LEO chains; thence
south degrees 80 minutes east 40
chains; thence south IL degrees As min
utes west 4.60 chains; thence south 81
degrees 90 minutes east $50 chains.
thence south 40 degrees 15 minutes east
2oO chains; thence south So degrees Il
minutes east 2.30 chains to the west line
OF Soldiers Home Tract; thence north AZ
degrees 81 minutes east 4.93 chains to the
south bank of the Farmers Union Ditch;
thence north 20 degrees SO minutes west
$40 chains; thence north rs degrees 1S
minutes west 1.S0 chains; thence north 6
degrees 80 minutes west 2.10 chainss
thence north Il degrees 48 minutes west
zoo chains; thence north rs degrees Is
minutes west 400 chains; thence north
Al degrees IL minutes west 225 chains;
thence north 49 degrees 26 minutes west
2.45 chains to the place Of beginning,
cepting therefrom that portion heretofore
conveyed to the Farmers Union Ditch
Company, Limited, which said tract was
uany, Limited, by John e. Yates and wife
by warranty deed, dated February 6,
1907. recorded February 20, 1907, in the
ONCE OF the Recorder of Ada County.
Idaho, in Book 65 of Deeds at page 270.
(e) Also all rights of way. ordinances.
franchises, privileges, contracts. tools.
tracks. equipment and property Of what
soever kind acquired by the said Boise
Railway Company under certain inden-
ture of deed from David Miller, Trustee,
bearing date the 5th day Of October, 1917,
and recorded in the office of the County
Recorder of Ada County, Idaho.
W "a. Also certain note bearing date
sum of S75,00O.O0 made. executed and de-
livered by the Natatorium Company, an
Idaho corporation. and payable to said
Boise Railway Company. said note bear
ing interest at the rate of per cent per
annum, payable semi-annually at the
office Of said Boise, Title and Trust
even date Herewith on all the property.
rights and assets OF said Natatorium
Company.
(gj And generally all other rights and
property of said Boise Railway Company
now owned or in the process OF acquisi-
! ton, whether real, personal or mixed, in
trolley or other wires, electrical equip
ment. terminal properties, stations, build
| lnBS, structures, tenements, heredita-
ments and appurtenances, rolling stock,
| v. A.
ments, apparatus and appliances. stores,
| fixtures, supplies, furniture, chattes.
| stocks bonds and other securities, chooses
| In action, privileges, franchises. immun-
| tiles, easements, accounts receivable,
claims or demands due and owing to said
Boise Railway Company, rights, tolls
| rents, revenues, issues and profits, and
also any and all estate, right, title and
interest, property, possession, claim and
equity, and whether specifically enum-
Grated herein or not. of the said Boise
Railway Company in and to all property
whatsoever, real, personal or mixed of
ever situate, which the said Boise Rail-
| way Company may have at any time or
| from any source acquired.
| a more particular description OF said
property will be found in said decree 10
which reference is hereby made.
NOTICE is HEREBY GIVEN, That on
the Gath day of May, 1919, at 10 O'Clock
A. NJ of that day in front of the Court
House in Boise City, Ada County, Idaho.
l will in obedience of said order of sale
and decree of foreclosure, sell the above
/ described property in two parcels, said
note of said Natatorlum Company dated
| November LIST. 1917, in the sum of Sew
be one parcel and all and every of the
remainder of said mortgaged property of
said Boise Railway Company, hereinbe
fore described, to be one parcel and an
entirety, and said parcels to be sold with :
out redemption. to satisfy the said
plaintiffs decree with interest thereon
and costs to the highest bidder. subject
| to confirmation Of such sale by the. Court
such confirmation instruments of convey
| ance and transfer for such property Will
be delivered to the purchaser or pur-
sale must pay in cash sum to dis
charge the costs and expenses Of sale, the
amount due the Trustee as compensa-
lars and Twenty per cent go per cent?
of the amount of Five Thousand ($5,-
000.00) Dollars allowed 1t on account of
attorneys fees, namely, One Thousand
| ($1,000.oO Dollars, and in the event the
| two parcels hereinbefore mentioned are
not sold to the same purchaser then
the amount aforesaid specified to be paid
| in cash shall be pro-rated between the
purchasers of said two parcels, each pur-
chaser paying that portion Of such
amount in cash that the purchase price OF
| his parcel bears to the total purchase
price of both parcels The remainder of
| the purchase price may be paid in cash
or the purchaser may satisfy and mako
good the remainder in whole or In part
| by delivering bonds secured by said mort
gage or deed of trust and matured and
unpaid coupons for interest on the same
so far as they will go towards paying
such remainder. all as provided in saio
decree, to which reference is hereby made
| for more particular statement of the
| terms of said sale.
| Dated this LIST day of May. 1919.
| EMMITT PFOST.