| Show Dyspepsia seldom causes death but permits its victims to live on in misery I I and Hoods all stomach Sarsaparilla troubles cures dyspepsia II Havlnsr had all the high prrttde toaUlng poivdcr tented Herrlett Bros can safely Bay that their Three Crown Baking Pawler i the strongest strong-est and purest made CHICAGO ST LOUIS AND EAST You leave Ogden or Sail Lake in the evenIng Sal and r ONLY after in breakfasting in the sumptuous diningoas s ot TWO the Santa Fe Route on the third morning you ar DAYS rive la It 1 Chicago or St Louis in season to attend L LOST to business or connect with all fast trains for the east A Someone has said recently that the track of recenty the At FE SANTA chlson Topeka Santa Topek Fe railroad was in such ROUTE feet condition that per conditon tat the i long distance run of the I TO Flyer on the New York Central could be equalled I CHICAGO if not exceeded by its t I magnificent trains It I I i GEORGE E GILUA j J Gen1 Agt Pass DepL 50 Dept t ST LOUIS West Second South St I I Salt Lake City Utah I j All Freer Free-r Those who have used Dr Kings I New Discovery Know its value and those who have not have now the I I opportunity to try I Free Call on the advertised Druggist and get a trial 1 bottle free Send your name and address ad-dress to H E Bucklen Co chicago I Chi-cago and get a sample box of Dr I Kings New Life Pills Free as well I I as a copy of Guide to Health and Household Instructor Free All of I I wMrh is guaranteed to do you good j I and cost you nothing Z C M I L Drug dept j I I SUMMONS I I IN THE DISTRICT COURT IN AND for the COtRT AD Third Judicial district of Utah ter ritory county of Salt Lake Knickei bocker Trust company a corporation plaintiff vs Utah Central Uth Cental Railway com many a corporation James McGregor and Clarence Car a receivers ot said last named company Central Trust company of New Car Wheel York William F Tolley St Louis company a corporation Will iam corpratio Wi Mann lann company a campa corporation Na tional cororaton Bank of the I ton E C Coffin Hardware Republic company a corpora a corporation D N Straup James Heg Jale ney Thomas Larsen B S Rupp George M Scott lore Co a corporation Pettlbone Mulliken Co a corporation Anton S Nelson corporaton Xelson Adam Duncan The Westinghouse i Air Brake Vestnghous Brke company a I corporation Will Jam a corporaton VI N Anderson and James Anderson partners as William N Anderson ilam Andern Co Lima Machine Iahine Works a corporation Jo seph Goddard James P corporaton Lavon Pet Hendrickson Peter Larsen Gabriel Gab rielson The Continental Oil Gabrel Contneta company a corporation Martha Ann Coombs and Esther Coffin and the Utah Cotn the Western Railway Charles company Chrismon and Charles Crisnion jr William V Black Alfred Nilsson and A F Jones Gust Jones and August Johnson and William 1Viiam Glassman defendants Summons on amended complaint The People of the territory of Utah send greeting to Utah greetng Central Railway company a corporation James McGregor and Clarence Cary as receivers of said last named company Central Trust company of New York William F Tolley St Louis Car Wheel company a corporation MiHom Mnr i I company a corporation i National Bank of the Republic a corporation E C I Coflin Hardware company a corporation D N corporton Straup James 1 Strul Hegney Thomas Larsen 1 S Rupp George M Scott I Co a corporation Pettibone corporaton Petibone Mulliken j 1 A Co a corporation Anton S Nelson i Adam Duncan The Westinghouse Air Brake company a corporation William corporaton i N Anderson and James Anderson Vilam ners a M illiam N Anderson Co Lima Machine I 1 Works a corporation Joseph Goddard James P Lawson Pet Hen drickson Peter Larsen Gabriel Gabriel son The Continental OH i 1 Contnental Oi company a corporation Martha Ann Coombs and Esther Coffin and the Utah Western Railway company Charles Chrismon and i Charles Crismon jr William V Black Wiiam i IHac Alfred Nilsson and A F Jones Gust Jones and August Johnson and William Glassman 1 defendants You are hereby required to appear in an action brought I against you by the above named plain tin in the district court of the Third Ju dicial district of the territory of Utah qnl to answer the amended complaint filed therein within ten days exclusive ot the day of service after the service i I on you of this summonsIf served within this county or if served out of this county but in this district within COUI tlS twenty days j otherwise within forty days or judgment will be taken against judgent asainst you according to j the prayer of said amended complaint This action is brought to have judgment j against defendants Utah Western Rail way company and Utah Central Railway Raiway company in sum of GOOOOO with interest to wih inerest thereon from July 1 1SSO to date of filing I amended complaint herein at ti t per cent t I per annum for O attorneys lees cent 3230 for extra and necessary costs and ex i penses of plaintiff as trustee 0 for com pensation to plaintiff for his services as I trustee amounting in the aggregate in eluding said interest to aggregate to I gether with interest on said principal i sum ot 00000000 from this date to date I of decree herein at ti per cent pSr an num aid for costs ot suit alleged to be due on certain 600 bonds bearing date July 1 1S9 I for 1000 each executed by defendant Utah Western Railway com Raiway pany bearing interest at C per cent per annum payable semiannually on the 1st days of January and July in each year no pat of the principal or interest on said bonds having been paid same having been secured by a certain rst same mortgage or deed of trust of even date with raid bonds executed by defendant Utah West em Railway company to plaintiff upon certain premises and property herein after described said mortgage being of record in the recorders oliice of Salt Lake county Utah in Book 2 E of mort gages pages 5S to 70 inclusive defendant Utah Central Railway company having I become the owner and vested with the lines of railway of said Utah Western I railway hereinafter described and hay I I ing become liable to pay all debts and I obligations of said Utah Western Rail way company including ail and singular i the said first mortgage bonds of said Utah Western Railway company to have I the names of the lawful holders of said I bond and notes ascertained and made i parties hereto if necessary and proper necessar ad prper to have a decree of this court adjudging said first mortgage a lien upon all the railroad premises and property therein described and a lien thereon prior to the liens and claims of any of the defend ants herein and to any lien or claim thereon accruing subsequent to said first mortgage to have ascertained by the court what equipment rolling stock and property was purchased by said Utah Western Railway company after the exe cution and delivery of said first mortgage to plaintiff and of the rolling stock and equipment purchased by said Utah Cen 1th tral Railway company and to have said after acquired rolling stock and equip ment of said Utah Western Railway sad Ltah Wester Ral com pany and an equitable proportion of that acquired by said Utah Central Railway Raiway company adjudged to be subject to the 1 lien of said first mortgage to plaintiff to have the court ascertain and fix what proportion of such rolling stock and equipment afterwards acquired by said Utah Central Railway company is equit ably subject to and to have same adjudged as subject to the lien of said mort i gage to have said mortgage foreclosed and the said property sold in the manner prescribed by law tree from the claims of all parties hereto and free from the claims of all parties whose interests are in any manner represented by any party hereto to have it adjudged by such de cree of forclosure that said sale be made by the Unite States marshal for Utah or other officer appointed by the court that said sale be made at public auction to pUblc the highest bidder for cash in the man nbl1I I ncr and on the notice prescribed by statute for the sale of real property on and under execution and according to law I and the practice of the court that any 1H > rptn r Drtp f fc UA4U A11V Ul 23C11U UOnU I holders be allowed to bid at said sale UUlU for I the whole or any part or portion of said property and that said first mortgage bonds and unpaid interest warrants be accepted by said officer in payment bE of any bids at pa value with accrued interest accre thereon tendered in payment of any bids a provided in said mortgage that said officer execute and deliver to all purchasers at said sale proper certi ficates of sale and file duplicates cert duplctes in the office of the recorder of the teeot in which the county property sold is situated that prior to a well as after the statu tory time for redemption shall haw < redempton shal ex pired said officer make and deliver to each and all such purchasers proper deeds deds of conveyance of the property sold ac cording to its character coring is and that upon the production of such deed they be let into possession of the property purchased by them respectively that the liens if any and claims of the defendants herein before referred to be adjudged as sub ordinate in right and subject to the sub tiffs said mortgage and the Hen thereof and that each and all of the defendants and all persons in like situation with them or any of them and all persons claim ing or to claim by through or under them or any of them be absolutely barred and foreclosed of and from nil iov n I equity of redemption of IIi ro all said premises and property sold that I said officer bring into court the proceeds arising from said sale or if the court so adjudge apply such proceeds and that such proceeus be applied as follows to foows to wit That the costs and expenses of sale and costs attorneys fees and expenses I of this action extra and expenss ex penses of plaintiff as trustee and plain tiffs commissions and tfs ad compensation as trustee be first paid compensaton proceeds pro-ceeds that the residue pro te reIdue thereof or so s much thereof a may be required for that purpose be applied to the payment ot I amount adjudged to plaintiff for principal and interest remaining unpaid upon said first mortgage bonds together with in terest on said principal sum from the date of the judgment or decree to the day of sale at the rate decree that the defendants Utah Central Railway company and Utah Western Railway company be adjudged to pay any deficiency deficien-cy which may remain after so applying all of said moneys thus applicable there to and that plaintiff have judgment docketed against said two defendants for the amount of such deficiency pending this suit to have a receiver or receivers appointed with the usual powers of receivers re-ceivers in such cases re e belonging of as and singular the mortgaged property and premises rights privileges immunities connected therewith and of all the rolling stock machinery equipments and other property incidental to the same to have said receiver or receivers authorized and reccvcrs autlorzed ad directed to maintain and operate said railroad and to keep the same In proper repair and to receive collect and receive coJct preserve pre-serve all > the property assets and Incomes In-comes r f to have such directions with made wih respect to such rwivership as may be equitable and proper and for such other and further relief in the prem ises a may be just and equitable Said mortgaged premises and property are described de-scribed as follows towit All the a folow railway rail-way of said obligor either constructed or to be constructed beginning at a point in or near S Lake city and running thence northwestwardly to the Great Salt Sat Lake a distance of about twentyfive 25 miles be the same more or less together with a branch that might thereafter be built from said main line to one or more connections with the line of the Salt Lake Fort Douglas railway all in the county of Salt Lake and territory of Utah the estimated length of said railway includ ing said branches being thirty miles together with the track or roadway thereof and its appurtenances includ ing therein all rights of way superstruc tures rails tracks side tracks or sidings sid-ings bridges culverts buildings fences depots station houses shops warehouses wareouses car houses engine houses machine shops repair shops buildings rectIons and structures necessary for the construction operation and maintenance of said railway rail-way and all fixtures and appurtenances thereunto belonging or in anywise apper taming whether then owned or possessed or thereafter to be acquired by said mortgagor mort-gagor and all and singular the rolling stock equipment and machinery apper taming thereto then owned or possessed or thereafter to be acquired by said mortgagor and also all the rights issues tolls incomes earnings and profits of the I mortgagor derived therefrom and also all the rights privileges immunities and franchises whatsoever which said I mortgagor then possessed owned or was entitled unto or might thereafter become possessed of or enti tied unto belonging or appurtenant to said railway including said mortgagors franchise to be a corporation and also all the estate right title interest property prop-erty possession claim and demand whatsoever what-soever as well in law as in equity of tho said mortgagor of in ami to the same and every part and parcel thereof with the appurtenances And you are hereby I notified that if vnn fnil tn nniiptr end I answer the said amended complaint nnt as i above required the said c plaintiff will apply I ap-ply therein to the court for the relief demanded I Witness the Hon Samuel A Mer ritt judge and the seal of tho District Court of the Third Judicial SeaJj District in and for the Territory of Utah this 29th day of July in he year of our Lord one thousand thou-sand eight hundred and ninety fiveDAVID DAVID C DUNBAR Clerk By GEO D LOOMIS Deputy Clerk IN THE DISTRICT COURT IN AND for the Third Judicial district of Utah territory county of Salt Lake Thomas Marshall Samuel P Teasdel and Lorin Farr trustee plaintiff vs Salt Lake A Fort Douglas Railway company a corporation corpor-ation Utah Central Railway company a corporation James McGregor and Clarence Cary as receivers of said last named corporation Central Trust company com-pany of New York William F Tolley St Louis Car Wheel company a corpora tion William Mann company a corpora ton National Bank of the Republic a corporation B C Coffin Hardware company com-pany a corporation D N btraup James ilegney Thomas Larsen B S Rupp George r Scott it Co a corporation Pettibone Mulliken Co a corporation Anton S Nelson Adam Duncan The Westinghouse Air Brake company a corporation cor-poration A illiam N Anderson and James Anderson partners as William N Anderson Co Lima Machine Works a corporation Joseph Goddard James P Lawson Pet Hendrickson Peter Larson Lar-son Gabriel Gaorielon The Continental Oil company Martha Ann Coombs William Will-iam Glassman and Alfred Nilsson and Esther Collin William V Black Charles Chrismon and Charles Crismon jr A F Jones Gust Jones and August Johnson defendants Summons on amended complaint i com-plaint The People of the territory terri-tory of Utah send greeting to i I Salt Lake Fort Doiigias Railway j I company a corporation Utah Central Railway company a corporation Jamej I McGregor ana Carence Cary as receivers of saiu last named corporation Central j i Trust company of New York V illiam 1 < Tolley 81 Louis Car Wheel company a corporation lIam Mann company a corporation National Bank of the Republic Repub-lic a corporation EL C Cola Hardware company a corporation IX N Sirau > James Heeney Thomas Larren is S Rupp George I Scott Co a corporation corpora-tion Pettibone Mulliken Co a corporation cor-poration Anton S Nelson Adam Duncan I The Westinghouse Air Brake company a j corporation William N Anderson and i James Anderson partners as William N i tr6 r rn W s i Anderson Co Lima Machine Works a corporation Joseph Goddard James P I r < P < Lawson iei nenunCIUI xeier j araon I Gabriel Gabrielson The Continental Oil i company Martha Ann Coombs William Glassman and Alfred Nilsson and Esther Collie William V Black Charles Chris mon and Charles Crismon jr A F Jones Gust Jones and August Johnson defendants You are hereby required t appear in an action brought airainst you h n n Ml 1n n u y Ul uu ULU I UL A un u trict court of tne Third Judicial district of the territory of Utah and to answer the amended complaint filed therein within with-in ten days exclusive of the day of service ser-vice after the service on you of this summons if served within this county or if served out of this county but in this district within twenty days otherwise other-wise within forty da sor judgment by default will be taken against you according ac-cording to the prayer of said amended complaint The said action is brought to have judgment against defendants Salt I Lake Fort Douglas Railway company and Utah Central Railway company for the sum of 5800000 with interest thereon from January 1 1S95 to date of filing amended complaint herein at 6 per cent per annum for 2500 attorneys fees 2GO for extra and necessary cots and expenses of plaintiffs as trustees and compensation to plainuiffs for their services as trustees amounting in the aggregate including said interest to 130D15000 together with interest on said principal sum of 50000000 from this date until the date of decree herein at 6 percent per-cent per annumand for costs of suit alleged to be due or certain itO bonds of the value of 1000 each executde by defendant Salt Lake Fort Douglas Railway Rail-way company on or about December 31 hut bearing interest at the rate of G per cent per annum payable emian nually on the first days of July and January Jan-uary in each year no part ot the principal prin-cipal or interest on said bonds having been paid same having been secured by deed of trust exe a first mortgage or 1 cuted by defendant Salt Lake Fort I Douglas Railway company and the Salt Lake Rock company to plaintiffs as trustees I trus-tees upon certain premises and property hereinafter described said mortgage being be-ing of record in the recorders office of Salt Lake county in book N mortgages mort-gages pages 411 to 421 inclusive defendant defend-ant Utah Central Railway company having hav-ing become vested in the lines of railway rail-way of said defendant Salt Lake Fort Douglas Railway company and property hereinafter described and having become liable to pay all and singular the said first mortgage bonds of said Salt Lake Fort Douglas Railway company to have the names of the lawful holders of said bonds and said notes ascertained and said holders made parties hereto if necessary or proper to have said first mortgage adjudged and decreed to be alien a-lien upon all the railroad premises ani property therein described and to be a lien thereon prior to the lien and claims of any of the defendants herein and to any lien or claim thereon accruing subsequent subse-quent to said first mortgage to have the court ascertain what equipment rolling stock and property was purchased by said Utah Western Railway company after the execution and delivery of said first mortgage to the plaintiffs and of the rolling stock and equipment purchased pur-chased by said Utah Central Railway company and to have said after acquired rolling stock and equipment of said Salt Lake Fort Douglas Railway company adjudged to be subject to the lien of said first mortgage to plaintiffs to have the court ascertain and fix what proportion of such rolling stock and equipment afterwards after-wards acquired by said Utah Central Railway company is equitably subject to and to have same adjudged to be subject to the lien of plaintiffs said mortgage to have a decree of this court for the foreclosure of said mortgage and sale of said property in the manner prescribed pre-scribed by law and according to the course and practice of the court free from the claims of all parties hereto and free from the claims of all parties whose interests in-terests ar in any manner represented by any party hereto To have it adjudged b > said decree of foreclosure that said sale be made by and under the direction of the United States marshal for Utah or other officer appointed by the court that said sole be made at public auction to the highest bidder for cash in the manner and on the notice prescribed by statue for the sale of real property on and under execution exe-cution and according to law and the practice of the court that any parties hereto and any of said bondholders bo allowed to bid at said sale for the whole or any part or portion of said property and that said first mortgage bonds and unpaid interest warrants tee accepted by said officer in payment of any bids at par value with accrued and unpaid interest on the amount thereof tendered in payment of any bids as provided in said mortgage that said officer execute and deliver to all purchasers at said sale proper certificates of sole and file duplicates dupli-cates thereof In the office of the recorder of the county in which the property sold is situated that prior to as well as after the statutory time for redemption shall have expired said officer make and deliver S de-liver to each and all such purchasers deeds of conveyance of the proper property s prop-erty sold according to Its character prop r that upon the production of such deeds p they be let Into possession of the property purchased by them respectively that the liens if any and claims of the defendants defend-ants hereinbefore referred to be adjudged as subordinate in right and subject to the h plaintiffs said mortgage and the lien b thereof and that each and all of the defendants de-fendants and all persons in like situation with them or any of them and all per pr sons claiming or to claim by through or under them or any of them may be absolutely ab-solutely barred and foreclosed of and from all right and equity of redemption of in and to all said premises and property prop-erty sold that said officer bring into court the proceeds arising from said sole or if the court so adjudge apply such proceeds and that such proceeds be applied ap-plied as follows towit That costs and expenses of sale and costs attorenys charges and expenses of this action extra and necessary expenses of plaintiffs a trustees and plaintiffs commissions and I plaintfs compensation a trustees be first paid I out of such proceeds of sale that the i residue of such proceeds or so much thereof as may be required for that purpose I pur-pose be applied to the payment of the I amount adjudged to the plaintiffs for principal and interest remaining unpaid I I upon said first mortgage bonds I i together with interest on said principal I sum from the date of the judgment or I I decree to the day of sale at the rate aforesaid that the defendants Utah I Central Railway company and Salt Lake Fort Douglas Railway company be j aSjudged to pay any deficiency which may remain after so applying all of said I moneys thus applicable thereto and that plaintiffs have judgment docketed against said two defendants for the amount of such deficiency pending this suit to have a receiver or receivers appointed with j I the usual powers of receivers in such i cases belonging of all and singular the I mortgaged property and premises rights privileges immunities connected therewith wn snWl j with and nf nil < Vr > inllino stnnlr ma I chinery equipments and other property incidental to same to have said receiver I or receivers authorized and directed to maintain and operate said railroad and to keep same in proper repair to receive collect and preserve all the property assets sets and incomes thereof and that such directions may be made with respect to such receivership a may be equitable and properand for such other and further fur-ther relief in the premises or both as may be just and equitable Said mortgaged mort-gaged premises and property are described de-scribed as follows towit The railway I line of the mortgagor the Salt Lake < I I te Fort Douglas Railway company commencing com-mencing at a point connecting with the i Denver Rio Grande railway on Eighth South street Salt Lake city in Sah Lake county Utah territory and running east to the crossing of the Utah Central j i railway with the privilege of connecting I with said Utah Central railway by wih Uta Centrl raiway a separate switch thence east along said I Eighth South street to Seventh Hast street curving south on to and along Seventh East to Ninth South street thence curving I I curv-ing east to and along Ninth South to Tenth East street curving north on to and along said street along and across the Jordan and Salt LaKe City canal I thence curving easterly and crossing Fourth Third and Second South streets I to the City Gravel block on Twelfth East I street curving on to First South street thence northeast and south by the most feasible grade to the line of the Fort I Douglas military reservation thence I across said military reservation easterly 1 to the stone quarries brick fields and I limestone of the Salt Lake Rock company in Red Butte canyon in said Salt Lake county and with a branch line running from said point on said railway com panys line in the military reservation to said Salt Lake Rock companys lands and the Wagner brewery at the mouth of I Emigration canyon and with another branch line running from said com i panys railway line in Salt Lake city to I the mouth of Big Cottonwood canyon in said Salt Lake county and territory of Utah and also including all other roads and branches acquired or to be acquired i by amendment to their articles of asso j elation or otherwise including therein the roadway and track together with all i the depot superstructures depots deot i grounds station houses watering places work shops mechanics shops machinery side tracks turn outs turntables weighing weigh-ing scales fixtures locomotives tenders rolling stock full equipment and all other property whatsoever which is necessary I I nec-essary or ordinarily used in operating I the said railway and all rights or privileges priv-ileges of way or transit which are now or may hereafter be constructed purchased acquired held possessed or owned by the said company and pertaining to said I line of railway and all corporate rights I privileges and franchises of said company com-pany together with all and singular the tenements hereditaments and appurtenances appurten-ances thereunto belonging or in anywise I appertaining and the reversion and reversions I re-versions remainder and remainders I rents incomes issues and profits thereof with all rights title interest estate j I property possession claim and demand I in law and in equity of the said Salt Lake Fort Douglas Railway I I company and Salt Lake Rock company of In and to the same and every part I and parcel thereof also and including the following described property of the aforesaid I afore-said Salt Lake Rock company All of i sections 25 and 3 township 1 north range 1 east all of section 19 township 1 north range 2 east Salt Lake meridian the south onehalf of the southwest one I quarter the south onehalf of the southeast I south-east onequarter the northeast onequar I I ter of the southeast onequarter of section I sec-tion 15 the south onehalf of the northwest north-west onequarter the north onehalf of I the southwest onequarter the south one half of the northeast onequarter the north onehalf of the southeast onequar ter of section 21 the northeast onequar ter of northwest onequarter of section sec-tion 22 and the southeast onequarter of the southeast onequarter of section 20 in township 1 north range 2 east Salt I Lake meridian and lots 4 5 and C in section 2 the southeast onequarter and I the southwest onequarter of the northeast north-east onequarter of section 1 and the southwest onequarter and the northwest onequarter of the southeast onequarter and the southeast onequarter of the northwest onequarter of section 12 in nnoViln 1 cnilth rnnrro 1 PJt nf Self Lake meridian all said land l situated lying and being in the county of Salt Lake Utah territory and containing about 3OSO acres of rock and brick land save and except the following piece of land situate in said section 35 being nine and threequarter acres and sold by the said Salt Lake Rock company to John A Groesbeck to whose deed reference refer-ence is made for a further and more specific description of said nine and three quarter acres together with all and singular sin-gular the tenements hereditaments and appurtenances thereunto belonging or in anywise appertaining with he reversion and reversions remainder and remainders remain-ders rents issues and profits thereof I with all the rights title and interest i estate propertypossession claim and demand de-mand in law or in equity of the said Salt Lake Rock company of in and to the same and every part and parcel thereof there-of together with all and singular the rights franchises and privileges of said Salt Lake Rock company in and to said property and all franchises and rights on and over said lands by virtue of its corporate organization And you are hereby notified that if you fail to appear and answer the said amended complaint a above required the said plaintiffs will apply to the court for the relief demanded demand-ed therein thereinWitness Witness the Hon Samuel A Mer ritt judge and the seal of said District Court of the Third Judicial Seal District in and for the Territory of Utah this 29th day of July in the year of our Lord one thousand thou-sand eight hundred and ninety fiveDAVID DAVID C DUNBAR Clerk By GEO D LOOMIS Deputy Clerk IN THE DISTRICT COURT IN AND for the Third Judicial District of Utah territory county of Salt Lake Central Trust company of New York plaintiff vs Utah Central Railway company a corporation William F Tolley St Louis Car Wheel company a corporation Will VU iam Mann company a corporation Na tional Bank of the Republic a corpora ion E C Coffin Hardware ton Cofn company a corporation Esther Coffin D N Straup James Hegney Thomas Larson B S Rupp George M Scott Co a corpora tion Pettibone Mulliken Co a coror corporation coror ation Anton S Nelson Adam Duncan The Westinghouse Air Brake company William N Anderson and James Anderson Ander-son partners a William N Anderson I Co Lima Machine Works a corporation Joseph Goddard James P Lawson Pet Hendrickson Peter Larson Gabriel Gab rielson The Continental Oil company Martha Ann Coombs William Glassman Charles Chrismon and Charles Crismon 11 William V Black Alfred Nilsson A 8 Jones Gust Jones and August Johnson John-son Summons on amended complaint The People of the territory of Utah send greeting to Utah Central Railway com any a corporation William F Tolley 51 Louis Car Wheel company a corpora corora ion William Mann company a corpora Lion National Bank of the corora a orporation E C Coffin Hardware orporaton Cofn company com-pany a corporation Esther Coffin D N traup James Hegney Thomas Larson 3 S Rupp George M Scott Co a orporation Pettibone Mulliken Co a sorporation Anton S Nelson Adam Dun an The Westinghouse Air Brake com > any William N Anderson and James Anderson partners a William N Ander ion Co Lima Machine Works a cor oration Joseph Goddard James P Law Lw wn Pet Hendrickson Peter Larson Gab iel Gabrielson The Continental OH Gab > > any Martha Ann Coombs William VIHa xlassmon Charles Chrismon and Charles Jrismon jr William V Black Alfred Wlsson A F Jones Gust Alre ad Uigust Johnson defendants You are lereby required to appear in an acton irought against you by the above naineja Pontiff in the district court of the Third Judicial district of the territory of Utah and to answer the amended complaint filed therein within ten days exclusive of the day of service after the service on you of this summons if served within this county if served out of this COt uty but in this district within twenty days otherwise within forty days or judgment by default will be taken alnst wi against you according ac-cording to the prayer of said amendefi complaint The said action is brought to have judgment against defendant Utah Central Railway company in sum of 221000 principal plus interest thereon I I I at 5 per cent per annum from Novem I ben 1 1891 and interest on each of the interest instalments at same rate from time of maturity thereof for 10000 at torneys fees 50 extra and necessary necessr costs and expenses of plaintiff as trustee and 10000 for compensation to plaintiff for its services as trustee amounting in the aggregate including said interest to i the sum of 52S3o6912 together with in I terest on said principal sum of 221000 from this date to date of decree heein 210 rate aforesaid and for costs of suit alleged to be due on certain bonds known as Consolidated First Mortgage Five Per Cent Gold Bonds executed by de fendant Utah Central Railway company of the value of 1000 each to the amount of said sum of 5221000 bearing date May 1 1891 with interest at 5 per cent per annum payable semiannually on May 1st and November 1st in each year defendant de-fendant Utah Central Railway company having made default in payment of all interest on said bonds including the coupons cou-pons for interest thereto appertaining which became due and payable May 1 1892 and Nnvpmhpr 1 1W snmp hpinc due owing and lp ii said bonds having been secured by a mortgage or deed of trust made executed and delivered by said defendant Utah Central Railway i company to plaintiff as trustee on or about May 1 1S91 upon certain railways I and property hereinafter described said i mortgage having been recorded in records of Summit county Utah in book C I of mortgages page 57 in records of Wa satch county Utah in book 0 of mortgages I mort-gages pages 148 to ICG inclusive and in I records of Salt Lake county Utah in book 3 C of mortgages pages 43 to 57 I inclusive to have the names of the lawful law-ful holders of said bonds ascertained and to have said holders made parties here in If necessary or proper to have the decree of this court adjudging plaintiffs said mortgage a lien upon oil said premIses prem-ises and property prior to the liens and claims of any of the defendants herein and prior to any len or claim thereon accruing subsequent to plaintiffs said mortgage to have said mortgage foreclosed fore-closed by such decree and the property sold in the manner prescribed by law free from the claims of all parties thereto there-to and from the claims of all parties whose interests are in any manner represented repre-sented by any party hereto to have i adjudged by such decree that the sale of said premises and property be made under the direction of the United States marshal for Utah or other officer appointed ap-pointed by the court that such sale be made at public auction to the highest bidder for cash that any of the parties hereto and any of said bondholders be allowed to bid at such sale and that said bonds and all unpaid interest warrants war-rants be accepted by said officer in payment pay-ment of any bid at par value with accrued ac-crued and unpaid interest on the amount thereof as provided in said trust deed I or mortgage that said officer execute I and deliver to all purchasers at said sale proper certificates of sale and file duplicates cates thereof in the office of the recorder of the county in which the property sold is situatQd that prior as well as after the statutory time for redemption shall have expired said officer make and deliver to each and all purchasers proper deeds of conveyance of the property sold according ac-cording to its character and that upon production of such deeds they be let into possession of the property purchased by them respectively That the liens if any and claims of the defendants be adjudged as subordinate in right and subject to the plaintiffs said mortgage and the lien thereof and that each and all of the defendants de-fendants and all persons in like situation situa-tion with them or any of them and all persons claiming or to claim T5y through or under them or any of them be absolutely abso-lutely barred and foreclosed of and from all right and equity of redemption of in and to all of said premises and property sold that said officer bring Into court the proceeds of said sale or if the court so adjudge apply such proceeds and that such proceeds be applied as follows to wit FirstTo payment of costs of sale costs and attorneys charges and expenses ex-penses of this action extra and necessary neces-sary expenses of plaintiff as trustee and plaintiffs commissions and compensa tion as trustee aforesaid and that the I nras j residue fus haf proceeds or so much l thereof as may be required for that purpose pur-pose be applied to payment of amount adjudged to plaintiff for principal aid interest remaining unpaid on said mortgage mort-gage bonds together with interest on said principal sum to the date of sale as aforesaid that the defendant the Utah Central Railway company be adjudged to pay any deficiency which may remain after so applying all of said moneys thus applicable thereto and that plaintiff have judgment docketed against said defemK ant for amount of such deficiency pending pend-ing this suit to have a receiver or receivers re-ceivers appointed with the usual powers of receivers in such oases of all and singular I sin-gular the mortgaged property and premises prem-ises rights privileges and immunities connected therewith and of ill the roll ing stock machinery and other property incidental to same and to have said receiver I re-ceiver or receivers authorized and directed di-rected to maintain and operate sam railroad road and to keep same in proper repair and to receive collect and preserve all the property assets and income thereof and to have such directions made with respect to such receivership as may be equitable and for other relief also to have a temporary injunction issue out of this court restraining defendant Utah Central Railway company from interfering inter-fering with and transferring selling or I disposing of any of the mortgaged property prop-erty or from handing over or delivering possession thereof or any part thereof to any person or party except the receiver or receivers appointed by this court or plaintiff as trustee or from doing or suffering any act or thing whatsoever which shall promote such handing over or delivery Said mortgaged premises and property are described as follows to wit All the following lines of railway of the mortgagor constructed or to be constructed now owned or hereafter to be acquired namely Beginning at Salt Lake city in Salt Lake county Utah territory at junction of North Temple street and Fourth West street in said city thence following course of said railroad on said Fourth West street to Eighth South street thence west on said street to a junction with the Rio Grande Western railway line thence east on said street to Seventh East street thence south on Seventh East street to Ninth South street thence east on said street to a junction with Tenth East street thence northeasterly along the line of said railroad as now or hereafter located to a point at the junction of Thirteenth East and South Temple streets a distance of about nine miles Including Y spurs and sidings also commencing at the junction of Ninth South and Tenth East streets thence in a southerly course to a place called the Sugar House a distance of about three miles including Y spurs and sidings thence in an easterly course through Parleys canyon to Park City and Silver Creek in Summit county a distance of about thirtyfive miles including Y spurs sidings and safety switches thence in an easterly course to Moons Mill in Wasatch county a distance of about twentyseven miles including Y spurs and sidings thence in an east and southeasterly south-easterly course to a point in the vicinity of Wolf Creek Pass and to the Duchesne river and Lake Fork in Wasatch county thence easterly via the Uintah river antj Ashley fiver to the Colorado state line In Snake Valley near Poppers ranch in Uintah county a distance of about 170 miles including Y spurs and sidings also a branch line extending from a place called Davis Ranch on the main line on Provo river thence in a southerly direction direc-tion to a point about two miles west of Ileber City and near to the Provo river in Wosatcl county a distance of about eight miles including Y spurs and sidings sid-ings also a branch line beginning at a place called the Sugar House in Salt Lake county thence in a southerly course by way of Mill Creek Hallodaybure and Union Fort to Sandy a distance of about twelve miles including Y spurs and sidir gs also commencing at the said junction junc-tion of North Temple and Fourth West streets thence in a northerly course byway by-way of Fourth West street and other streets and ways in Salt Lake city to Ninth North street thence In a westerly course by the Jordan river to the shores of the Great Salt Lake thence in a southwesterly course along the shores of said lake to Lions Head near Black Rock and from the point where said line first reaches the shores of the Great Salt Lake thence northerly alone the shores of said lake to the Old Island Road in Salt Lake county a distance of about thirty miles including Y spurs and sidings making for the line when completed com-pleted including Y switches spurs side tracks and safety switches and branches a total distance of about 300 miles of road and also all the ways and rights of way roadbed finished in process pro-cess of construction or hereafter to be constructed with all material collected for construction or operation purposes all lands in Salt Lake city and at and in all other termini of said lines of railway above specified and each of them used or to be used for terminals or otherwise for the purposes of or in connection with any of the lines or railway of the mort gagor now owned or hereafter by the mortgagor to be acquired all depots and stations depot grounds and station grounds gravel pits and real estate and also all station houses car houses grain houses wood houses coal houses and other buildings of whatever description and all water tanks repair and machine shops and all fences trestles culverts switches turnouts crossings and sidings now appertaining or which may hereafter here-after appertain to the lines of railway above mentioned or to any of them and also all machinery and tools now owned or which may hereafter be owned or acquired ac-quired by the mortgagor for use in the connection with said lines of railway or any of them and ill locomotives tenders tend-ers cars and oth r rolling stock and equipment of ever mature now owned or hereafter at any ume during the continuance con-tinuance of this security to be acquired by the mortgagor and all implements fuel materials and supplies now owned or hereattgr to be acquired by the mortgagor mort-gagor for the construction maintenance operation repairing and replacing of the said lines of railway and each of them and all other corporate property real and personal of the mortgagor together with all and singular the tenements hertUita ments and appurtenances thereunto be longing or in anywise appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof and also all the estate right title interest property possession claim and demand whatsoever as well in law as in equity of the mortgagor of in and to the above described premises and property and every part and parcel thereof there-of wile the appurtenances and all the rights privileges and franchises and immunities im-munities of the mortgagor And you are hereby notified that If you fail to appear and answer said amended complaint as above required the said plaintiff will apply ap-ply to the court for the relief demanded therein Witness the Hon Samuel A Mer ritt judge and the seal of the District Court of the Trurd Judicial Seal District in and for the Territory of Utah this 29th day of July in the year of our Lord one thousand thou-sand eight hundred and ninety fiveDAVID DAVID C DUNBAR Clerk By GEO D LOOMIS Deputy Clerk IN THE DISTRICT COURT IN AND for the Third Judicial District of Utah territory county of Salt Lake Knicker bocker Trust company a corporation plaintiff vs Utah Central Railway company com-pany a corporation James McGregor and Clarence Gary as receivers of said last named company Central Trust company of New York a corporation St Louis Car Wheel company a corporation Will lam Mann company a corporation E C Coffin Hardware company a corporation George M Scott Co a corporation Salt Lake Eastern Railway company a corporation William F Tolley D N Straup james Hegney Thomas Larson B S Rupp Pettibone Mulliken Co a corporation Anton S Nelson Adam Duncan The Westinghouse Air Brake company a corporation William N An derson anu James Anderson partners as William N Anderson Co Lima Machine Ma-chine Works a corporation Joseph God dard James P Lawson Pet Hendrick son Peter Larson Gabriel Gabrielson The Continental Oil company Martha Ann Coombs Charles Chrismon and Charles Crismon jr William V Black Alfred Nilsson A F Jones Gust Jones and August Johnson and Esther Coffin i and National Bank of the Republic a corporation cor-poration and William Glassman defendants defend-ants Summons on amended complaint The People of the territory of Utah end greeting to Utah Central Hallway company com-pany a corporation James McGregor and Clarence Cary as receivers of said last named company Centiial Trust company of New York a corporation St Louis Car Wheel company a corporation William Will-iam Mann company a corporation E C Collin Hardware company a corporation George M Scott Co a corporation Salt Lake Eastern Railway company a corporation WilliSiTn F Tolley D N Straup James Hegney Thomas Larson B S Rupp Pettibone Mulliken Co a corporation Anton S Nelson Adam Duncan The Westinghouse Air Brake company a corporation William N Anderson An-derson and James Anderson partners as William N Anderson Co Lima Machine Ma-chine Works a corporation Joseph God dard James P Lawson Pet Hendrickson Peter Larson Gabriel Gabrielson The Continental Oil company Martha Ann Coombs Charles Chrismon and Charles Crismon jr William V Black Alfred Nilsson A F Jones Gust Jones and August Johnson and Esther Coffin and Xntinnnl fleck nf thft Rpniihlirv n corner ation and William Glassman defendants You are hereby required to appear in an action brought against you by the above named plaintiff in the district court of the Third Judicial district of the territory terri-tory of Utah and to answer the amended complaint filed therein within ten days exclusive of the day of service after the service on you of this summons if served within this county or if served out of this county but in this district within twenty days otherwise within forty days or judgment by default will be taken against you according to the prayer of said amended complaint This action is brought to have judgment against defendants defend-ants Salt Lake Eastern and Utah Central Cen-tral Railway companies in sum of 1 200000 with interest thereon from July 1 1SS8 to date of filing amended complaint herein at 6 per cent per annum for 4500 attorneys lees for 250 for extra and necessary costs and expenses of plaintiff as trustee and 1000 for compensation to plaintiff for its services as trustee amounting in the aggregate including said interest to l7133oOOO together with interest on said principal sum of 1200 000 from this date to date of decree herein here-in at 6 per cent per annum and for costs of suit alleged to be due on certain 1200 bonds of date July 1 1SSS for 1000 each executed by defendant Salt Lake East I cnn Railway company same bearing interest in-terest at ti I per cent per annum payable semiannually the interest on said bonds and the principal thereof being due and wholly unpaid said bonds having been secured by a certain mortgage or deed of trust executed and delivered to plaintiff plain-tiff by said Salt Lake Eastern Railway Rail-way company upon certain premises and property hereinafter described defendant Utah Central Railway company being now the owner of and vested in the said lines of railway mortgaged as aforesaid and having assumed and become liable to pay oil the debts and obligations of said Salt Lake Eastern Railway company com-pany including all and singular the said first mortgage bonds to have the names of the lawful holders of said bonds and said notes ascertained and said holders made parties hereto if necessary or proper to have said first mortgage adjudged ad-judged to be a lien upon all the railroad premises and property therein and hereinafter here-inafter described and to be a lien thereon prior to the liens and claims of any of the defendants herein and to any lien cr claim thereon accruing subsequent subse-quent to said first mortgage to have the court ascertain what equipments rolling roll-ing stock and property was purchased by said Salt Lake Eastern Railway company after the execution and deliver of said first mortgage to plaintiff and of the rolling stock and equipment purchased by said Utah Central Railway company and to have said after acquired rolling stock and equipment of the said Salt Lake Eastern Railway company and an equitable proportion of that acquired by the said Utah Central Railway company adjudged to be subject to the lien of said first mortgage to plaintiff to have the court ascertain and fix what proportion of such rolling stock and equipment afterwards acquired by said Utah Central Cen-tral Railway company Is equitably subject sub-ject to and to have same adjudged as subject to the lien of plaintiffs said mortgage to have a decree of this court for the foreclosure of said mortgage and Sale of said property and premises in manner prescribed by law free from the claims of all parties thereto and free from the claims of all parties whose interests in-terests are in any manner represented by any party hereto to have it adjudged by such decree that said sale be made under the direction of the United States marshal mar-shal for Utah or other officer appointed by the court that said sale be made at public auction to the highest bidder for cash in the manner and on the notice prescribed pre-scribed by statute for sale of real property under execution and according to law that any parties hereto anti any of said bondholders be allowed to bid at said sale for the whole or any part of said property and that said first mortgage bonds and unpaid interest warrants be accepted by said officer in payment of any bids at par value with accrued and unpaid un-paid interest on the amount thereof tendered ten-dered in payment of any bids as provided pro-vided in said trust deed or mortgage that said officer execute and deliver to all purchasers at said sale proper certificates cer-tificates of sale and file duplicates thereof there-of in the office of the recorder of the county in which the property so sold ia situated that prior to as well as after the statutory time for redemption shall have expired said officer make and deliver to each and all such purchasers proper deeds of conveyance of the property sold according to its character anid that upon production of such deeds they be let into possession of the property purchased by them respectively that the liens if any and claims of the defendants be adjudged ad-judged as subordinate in right and subject sub-ject to the plaintiffs said mortgage and the lien thereof and that each and all of the defendants and all persons In like rlt uation with them or any of them and all persons claiming or to claim by through or under them or any of them be absolutely ab-solutely barred and foreclosed of and from all right and equity of redemption of In and to all said premises and prp j erty sold that said officer bring into court the proceeds of said sale or 1C the court so adjudge apply such proceeds and that such proceeds be applied as fol lows towit That costs anti expenses oC sale and costs attorneys fees and ex penses of this action extra and necessary expenses of plaintiff as trustee and plain tiffs commissions and compensation aa trustee aforesaid be first paid out oC such proceeds that the residue of pro ceeds or so much thereof as may be re quired for that purpose be applied to the payment of the amount adjudged to plaintiff for principal and interest re maining unpaid on said first mortgage bonds together with interest on said prin cipal sum from the date of the judgment or decree to the day of sale at the rate aforesaid that the defendants Utah Ceo tral Railway company and Salt Lake Eastern Railway company be adjudged to pay any deficiency which may remain after so applying all of said moneys thus applicable thereto and that plaintiff have judgment docketed against the said two defendants for the amount of such do ficiency pending this suit to have a re ceiver or receivers appointed with the j i usual powers of receivers in such cases f J of all and singular the mortgaged prop i erty and premises rights privileges 1m f f munlttes connected therewith and oC all the rolling stock machinery equip meats and other property Incidental ta the sojne to have said receiver or re ceivers authorized and directed to main tale and operate said railroad and ta keep the same in proper repair and to receive collect and preserve all the property assets and incomes thereof and to have such directions mjyia ivith re spect of such receivership as may be equitable and proper and for other re lief Said mortgage being of record in the records of Salt Lake county Utah in book Z of mortgages pages 110 to 121 inclusive and also in the records of Summit county Utah in book No 2 at pages 117 to 131 inclusive said mortgaged premises and property being described aa follows towit All the railway of said obligor either constructed or to be con structed beginning at a point near Salt Lake city county of Salt Lake and territory ter-ritory of Utah on the Salt Lake Fort Douglas Railway known as the Sugar House thence running easterly through tj Parleys canyon and Parleys Park to JL Park City in Summit county a distance L with sidings and spurs of about thirty five miles also including the contemplated branch or extension of said railway of said mortgagor to Kamas Prairie a dis tance of twentyfive miles or thereabouts or in lieu thereof other branches or ex tensions not however exceeding twenty five miles in length together with tire track or roadway thereof and its appur tenances including therein all rights of way superstructures rails tracks de pots station houses shops warehouses car shops engine houses machine shops repair shops buildings erections and structures necessary for the construction J operation and maintenance of said rail way branches and extensions and all fix tunes and appurtenances thereunto be longing or in anywise appertaining whether then owned or possessed or thereafter to be acquired by said mortgagor mort-gagor and all and singular the rolling stock equipment and machinery apper taining thereto then owned or possessed or thereafter to be acquired by said mortgagor mort-gagor and also all the rents issues tolls incomes earnings and profits derived therefrom and also all the rights privileges privil-eges immunities and franchises whatsoever what-soever which said mortgagor then possessed pos-sessed owned or was entitled unto or might thereafter become possessed of or entitled unto belonging or appurtenant to said railway branches and extensions including said mortgagors franchise to be a corporation and also all the estate right title interest prop erty possession claim and demand whatsoever what-soever as well in law as in equity of the said mortgagor of in and to the siama and every part and parcel thereof with the appurtenances And you are hereby notified that if you fall to appear and s n answer the said amended complaint as above required the said plaintiff will apply to the court for the relief demanded demand-ed herein hereinWitness Witness the Hon Samuel A Men ritt judge and the seal of the District Court of the Third Judicial Seal District in and for the Territory of Utah this 29th day of July in the year of our Lori one thousand thou-sand eight hundred and ninety fiveDAVID DAVID C DUNBAR Clerk By GEO D LOOMIS Deputy Clerk PROBATE COURT ORDERS IN THE PROBATE COURT IN AND for Salt Lake county territory of Utah In the matter of the estate of Abraham Helm deceased Notice Notice Is hereby given that Marshel Helm administrator of the estate of Abraham Helm deceased de-ceased has rendered for settlement and filed in said court his final account oC his administration of said estate and petition pe-tition for final distribution of the residue resi-due of said estate among the persons entitled thereto and that Saturday the 21st day of December A D 1S95 at 10 oclock a m at the court room of said court in the county court house Salt Lake City and county Utah Territory has been duly appointed by the judge of said court for the settlement of said account ac-count and hearing said petition for distribution dis-tribution at which time and place any nerson interested in said estate may appear ap-pear and show cause if any there be why said account should not be settled and approved and final distribution made as prayed for Dated November 2fith A D 1S93 C E STANTON Clerk of the Probate Court By A C REESE L Deputy Clerk i James II Moyle attorney for administrator adminis-trator IN THE PROBATE COURT IN AND for Salt Lake County Territory of Utah In the matter of the estate of Samuel J Thomas deceased Order to show cause why order of sale of real estate should not be made Ludwig Bohling the administrator of the estate of Samuel Sam-uel J Thomas deceased having filed his petition herein duly verified praying for an order of sale of all of the real estate of said decedent for the purposes therein there-in set forth it is therefore ordered by the judge of said court that all persons interested inter-ested in the estate of said deceased appear ap-pear before the said probate court on Friday the 27th day of December 1895 at 10 oclock in the forenoon of said day at the court room OL said probate court at the county court house in the city and county of Salt Lake Utah Territory to show cause why an order should not be granted to the said administrator to sell so much of the real estate of the said deceased at public sale as shall be necessary and that a copy of this order be published at least four successive weeks in the Salt Lake Herald a newspaper news-paper printed and published in said city and county Dated November 25th A D 1S05 J C McNALLY t Probate Judge m James H Moyle attorney for administrator fL adminis-trator IN THE PROBATE COURT IN AND for Salt Lake County Territory of Utah In the matter of the estate of Peter Jensen Jen-sen deceased Order to show cause why order of sale of real estate should not be made Josaph Risley the administrator administra-tor of the estate of Peter Jensen deceased de-ceased having filed his petition herein duly verified praying for an order of sale of the real estate of said decedent for the purposes therein set forth it is therefore ordered by the judge of said court that all persons interested in the estate of said deceased appear before the said probate court on Monday the 23rd day of December 1S93 at 10 oclock in the forenoon of said day at the courtroom court-room of said probate court at the county court house in the city and county of Salt Lake Utah territory to show cause why an order should not be granted to the said administrator to sell so much of the real estate of the said deceased at public sale as shall be necessary neces-sary and that a copy of this order be published at least four successive weeks in the Salt Lake Herald a newspaper printed and published in said city and county Dated November 23rd A D 1S93 J C McNALLY Probate Judge Richards Richards attorneys for administrator ad-ministrator PROFESSIONAL CARDS ATTORNEYS ALEXANDER MMASTER AttorneyatLaw 458 Commercial block F E BARKER Attorn eyatLaw 5152 Hooper block A B SAWYER AttorneyatLaw 314315 Progress building EUGENE LEWIS AtiorneyatLaw Room 310 Postofflce block W H DICKSON AttorneyatLaw Rooms 512 to 515 Progress building JAMES H MGYLE AttorneyatLaw Rooms ZG1 to Constitution Bldg e j |
