OCR Interpretation


The Alaska daily empire. [volume] (Juneau, Alaska) 1912-1926, April 09, 1914, Image 4

Image and text provided by Alaska State Library Historical Collections

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn84020657/1914-04-09/ed-1/seq-4/

What is OCR?


Thumbnail for

IN THE DISTRICT COURT FOR THE
TERRITORY OF ALASKA. DIVIS
ION NO. ONE. AT JUNEAU.
Case No. 1029? A
LEWIS POKTKR HAMMOND, as suc
cessor Trustee, to Central Trust &
Savings Company, PLAINTIFF,
vs.
THE LAST CHANCE GOLD MINING
COMPANY OF ALASKA, a corpora
tion; THE JUALPA COMPANY, a cor
poration. WYOMING VALLEY TRUST
COMPANY, a corporation, and; JOHN
CLARK HILE, alias J. CLARK HILE,
DEFENDANTS.
NOTICE OF SALE.
Notice is hereby given that under
and by virtue of a writ of Firie Facias,
or Execution. Issued out of the Dis
trict Court for the District of Alaska,
Division Number One. which said exe
cution is in words and figures as fol
lows to-wit:
IN THE DISTRICT COURT FOR THE
TERRITORY OF ALASKA. DIVIS
ION NO. ONE. AT JUNEAU.
Case No. 1029?A
LEWIS PORTER HAMMOND, as suc
cessor Trustee, to Central Trust &
Savings Company. PLAINTIFF.
vs.
THE LAST CHANCE GOLD MINING
COMPANY OF ALASKA, a corpora
tion: THE JUALPA COMPANY, a cor
poration. WYOMING VALLEYTRUST
COMPANY, a corporation, and; JOHN
CLARK HILE. alias J. CLARK HILE,
DEFENDANTS.
EXECUTION.
THE PRESIDENT OF THE. UNITED
STATES.
To any Marshal of the District of Al
aska. or to his deputy. GREETING:
WHEREAS, on March 23rd. 1914, by
consideration of the above-entitled
Court, the Wyoming Valley Trust Com
pany. a corporation. Defendant, recov
ered Judgment against The 1-ast
Chance Gold Mining Company of Al
aska. a corporation, defendant, for the
sum of Sixteen Thousand Eight Hun
dred and Ninety-Seven Dollars ($16.
S97.00): and Lewis Porter Hammond.
Plaintiff, recovered judgment against
The Jualpa Company, a corporation,
defendant, for the sum of One Hun
dred and Sixty-two Thousand Dollars
($162,000.00). and a Decree was duly
entered in said cause ordering and ad
judging the sale of certain property
described In said Decree for the pur
pose of satisfying the aforesaid judg
ments. which said Decree is in words
and figures, as follows, to-wit:
IN THE DISTRICT COURT FOR THE
TERRITORY OF ALASKA. DIVIS
ION NO. ONE. AT JUNEAU.
Case No. 1029?A
LEWIS PORTER HAMMOND, as suc
cessor Trustee, to Central Trust &
Savings Company. PLAINTIFF,
vs.
THE LAST CHANCE GOLD MINING
COMPANY OF ALASKA, a corpora
tion: THE JUALPA COMPANY, a cor
poration. WYOMING VALLEY TRUST
COMPANY, a corporation, and: JOHN
CLARK HILE. alias J. CLARK HILE.
DEFENDANTS.
DECREE.
This matter having previously come
on before this court on the 21st day of
March, 1914. and the above-entitled
cause having been tried upon the com
plaint of the plaintiff. Lewis Porter
Hammond, as Trustee, and upon the
answer and cross-complaint of the Wy
oming Valley Trust Company, as Trus
tee. herein, and upon the answers of
the remaining defendants in the above
entitled action: the plaintiff. Lewis
Porter Hammond, appearing by his at
torney Z. R. Cheney. Esq.. and the de
fendant and cross-complainant, Wy
oming Valley Trust Company, being
represented by its attorneys, Messrs.
Shackleford & Bavless; and the de
fendants. John Clark Hile. alias J.
Clark Hile. The Jualpa Company, and
The Last Chance Gold Mining Com
pany of Alaska, being represented by
their attorneys. Messrs. Winn & Bur
ton. and the testimony upon behalf of
the Wyoming Valley Trust Company,
defendant and cross-complainant, as
trustee, and upon behalf of Lewis Por
ter Hammond, as trustee, having been
heard, and the remaining defendants
in said action having offered no testi
mony herein, and the court being ful
ly advised in the premises, having on
the 23rd day of March. 1914, read and
filed its findings of fact and conclus
ions of law as herein.
NOW. THEREFORE. It is by the
. court ORDERED. ADJUDGED and DE
CREED that all and singular the alle
gations of the bill of complaint of Lew
is Porter Hammond, as trustee here
in. and all and singular the allegations
in the bill of cross-complaint of the
Wyoming Valley Trust Company, as
Trustee, herein, are true.
II.
It Is further ORDERED. ADJUDGED
and DECREED that the defendant and
cross-complainant. Wyoming Valley
Trust Company, have and recover of
and from The Last Chance Gold Min
ing Company of Alaska the sum of
{8,900.00. being the principal sum due
upon the total 89 bonds issued under
said mortgage deed of trust, dated
July 1. 1901, from the said The Last
Chance Gold Mining Company or Al
aska to the Wyoming Valley Trust
Company, together with the sum of
J8.497.00 interest now due thereon,
together with the sum of $1,000.00 at
torney's fees, together with the sum
of $500.00 expenses and compensation
of the Wyoming Valley Trust Com
pany. the trustee under said mort
gage deed of trust, making a total
sum of $16,897.00. together with all
accruing costs thereof: and.
It is further ORDERED. ADJUDGED
and DECREED that the said mort
gage deed of trust from The Last
Chance Gold Mining Company of Al
aska to the Wyoming Valley Trust
Company, as trustee, is a first, prior
and paramount lienfor the security of
the total sum above mentioned, togeth
er with accruing costs upon the follow
ing described property, to-wit:
FIRST. All that certain placer min
ing claim and premises designated by
the ex-officio Surveyor General as lots
Nos. 142. 143. 144. 145, 146, 147, 148.
149. 150. 151. 152. 153. 154. 155. 156.
157. 158. 159. 160. 161. and 162. known
as The Last Chance Placer Mining
Claim and embracing a portion of the
public domain in the Harris mining
district in Alaska in the District of
Lands subject to sale at Sitka, in
which said Placer Mining Claim and
premises were duly patented by the
United States of America, by letters
patent bearing date the eighth day of
June, A. D.. 1892, unto William Nel
son. Edward Brockhausen. Jacob
Loertscher and John W. Allen, which
letters patent are recorded at Juneau
in book 12. of Deeds on pages 423, 424,
and 425 as by reference thereto will
more fully and at large appear.
SECOND: All that certain Placer
Claim known as the Eureka Hill Claim
situate on Gold Creek near Juneau.
Alaska, and being recorded in book
2. page 111. Juneau Recording Dis
trict. also the water right on said
claim in Taku Mill Site. Gulch as re
corded in book 2. page 133; also that
Placer Claim formerly owned by E.
A. Evans, which said claim is record
ed In book 2, page 132, of the records
at Juneau; also the water right of
Woods Gulch as conveyed to Eureka
Hill Placer Claim as recorded in book
2. page 181, of the records aforesaid;
also the Pilgrim Placer Claim as re
corded in book uumber 6 of Placers on
page 9, all of which five premises
were conveyed to the said The Last
Chance Gold Mining Company by W,
H. Hile by deed dated June 2, 1899, and
recorded at Juueau in book 15 of deeds
at page 430, as by refereiico thereto
will more fully and at large appear.
THIRD: All that certain Placer]
Claim lying along the waters of Gold
Creek, above Pilgrim Placer Claim,
being known and designated as the
Schubert Placer Claim.
FOURTH: All that certain Placer
Claim lying North of the Last Chance
Mining Claim being known and des
ignated as the Last Chance Claim.
FIFTH: All that certain Placer
Claim lying North of the Western end
of the Last Chance Basin, being known
and designated as the Mathilda Plac
er Claim.
SIXTH: All that certain Placer
Claim lying immediately West of the
Last Chance Basin known us the Sher
lock Placer Claim, through which is
! located the present tunnel of the said
j The Last Chance Mining Company.
SEVENTH: AH that certain Plac
er Claim known and designated as
the Teitsworth Placer Claim, lying on
both sides of the Gold Creek, imme
diately West of the Sherlock Placer
Claim, on and through which is also
constructed the present tunnel of The
Last Chance Gold Mining Company.
EIGHTH: All the water-rights,
ditches, flumes, tunnelB, works, shutes,
dams, dam sites and other appurten
ances whatsoever connected with, be
longing to and appertaining to the
premises above more fully and speci
fically described, it being the inten
tion that this indenture shall cover
the entire properties above described
with the appurtenances thereunto be
longing so fully and completely as the
same are now owned and enjoyed by
the party of the first part hereto.
It is further ORDERED. ADJUDGED
and DECREED that the plaintiff, Lew
is Porter Hammond, as trustee, herein,
under the mortgage deed of trust dat
ed May 1. 1905. is the holder of 87
^ 1?? sU-v ooM mnrt.
bonus issued untu.-r mi- mini
gage deed of trust from The Last
Chance Gold Mining Company of Al
aska to the Wyoming Valley Trust
Company, and has become such holder
for the protection of the mortgagee
and bondholders under said mortgage
deed of trust from The Jualpa Com
pany to the Central Trust and Sav
ings Company, as trustee, of which
I said Central Trust & Savings Com
pany. the said Lewis Porter Ham
mond is successor trustee; and fur
ther.
That the said Lewis Porter Ham
mond. as trustee, may bid upon the
property described in this paragraph
with the said S7 bonds and satisfy
the principal and Interest thereon here
in decreed to be due, after paying
the costs and expenses of said sale
and accruing costs, after satisfying
the amounts herein decreed to be due
to the said Wyoming Valley Trust
Company, as trustee, for attorney's
feet? costs, expenses and compensa
tion and after paying to the Wyoming
Valley Trust Company the sum of
$100.00 principal and $73.00 interest,
due upon each of the two remaining
bonds not held by him.
Ill
It is further ORDERED, ADJUDGED
and decreed that the plaintiff herein,
Lewis Porter Hammond, as trustee,
have and recover of and from The
ualpa Company, the sum of $100,000.00
principal due under the said mort
gage upon the 1000 bonds issued
thereunder, together with the sum of
$47,000.00 interest now due thereon,
together with the sum of $10,000.00
attorney's fees, together with the sum
of $5,000.00 expenses and compensa
tion of the said trustee under said
mortgage deed of trust, making a to
tal sum of#$162,000.00 together with
all accruing costs and interest there
on; and.
It is further ORDERED. ADJUDGED
and DECREED that the said mortgage
deed of trust from the said The Jual
pa Company to the Central Trust &
Savings Company, as trustee, of which
the said Lewis Porter Hammond,
plaintiff, is successor as trustee, is n
first, prior and paramount lien for the
security of the total sum above men
tioned. together with accruing costs
upon the following described proper
ty, to-wit:
FIRST: All that certain placer
mining claim known as the Gilbert
Placer Claim situate on Gold Creek,
Juneau Recording District, District ol
Alaska, more particularly bounded and
described in the certificate of location
thereof, of record in the office of the
recorder of Juneau Recording District,
District of Alaska, in book 5 of plac
en on page 185.
SECOND: All that certain Lode
Mining Claim known and designated
as the Nip and Tuck Lode Mining
Claim, situate in Juneau Recording
District. District of Alaska and partic
ularly bounded and described In the
certificate of location thereof, of rec
ord in the office of the recorder of
said Juneau Recording District in book
11 of Lodes on page 121.
THIRD: All tnat certain Loae aim
ing Claim known as the Margarite
Lode Claim, situate in Silver Bow Ba
sin, Juneau Recording District, Dis
trict of Alaska, and particularly
bounded and described in the certifi
cate of location thereof, of record in
the office of the Recorder of Juneau
Recording District in book 13 of lodes
on page 113.
FOURTH: All that certain Lode
Mining Claim known and designated
as the Lady Corsen Lode Claim, situ
ate in Silver Bow Basin, Juneau Re
cording District, District of Alaska,
and particularly bounded and describ
ed in the certificate of location there
of, of record in the office of the Re
corder of said Juneau Recording Dis
trict in book 13 of Lodes on page
115.
FIFTH: All that certain Lode Min
ing Claim known and designated as
the Bess Lode Claim, situate in Sil
ver Bow Basin, Juneau Recording Dis
trict, District of Alaska, of record in
the office of said recorder in book 13
of Lodes on page 114.
SIXTH: All that certain Lode Min
ing Claim known and designated as
the Cha/lotte Lode Claim, situate in
Silver Bow Basin, Juneau Recording
District, District of Alaska, and par
ticularly bounded and described in
the certificate of location thereof, of
record in the office of the Recorder
of said Juneau Recording District In
book 13 of Lodes on page 112.
SEVENTH: All that certain Plac
er Mining Claim, situate near Silver
Bow Basin in Juneau Recording Dis
trict. District of Alaska, known as des
ignated as the Lurvey Placer Mine,
registered in the U. S. Land Office as
U. S. Patent numbor 19622, certifi
cate number 21, and of record In the
office of said Recorder of Juneau Re
cording District In book 12 of deedB,
on pageB 421, 422, and 423, together
with that certain wator right and
ditch belonging and appertaining to
said Lurvey Placer Mining Claim,
known as the Lurvey Ditch and Wa
ter Right, with all pipe lines applianc
es and apparatus thereunto belonging
or in any way appertaining.
EIGHTH: All that certain tunnel
and Tunnel Claim situate in Juneau
Recording District, District of Alaska,
as bounded and described In the cer
tificate of location, of record In book
15 of Placers on Page 269 In the office
jof the Recorder of said Juneau Re
Icording District, together with the)
flunvQ, lumber fend material within
said tunnel with appurtenances in any
way appertaining thereto.
NINTH: All that certain right of
way for flume or water ditch of ten
thousand Inches known and designat
ed as the l-ast Chanco Water Right,
number 1, In and to the waters of Gold
Creek, Juneau Recording District, Dis
trict of Alaska, and more particularly
described as follows, to-wlt: Com
mencing at a point about 150 yards
above Snow Slide gulch on Gold Creek
and a stake on the right hand bank
of said Gold Creek on which the no
tice of location Is posted; thence along
the right hand bank of Gold Creek in
a Southwesterly direction, around
Capo Horn, and to the Imst Chance
Placer Claim, one-half mllo more or
less, together with the right to the en
joyment and use of 10,000 inches of
water In said Gold Creek above men
tioned, for mining purposes; the cer
tificate of location of said water right
being of record in the office of the
recorder of said Recording District,
In book 5 of Placers on Page 259.
TENTH: All that certain Right of
Way for flume or water ditch and Wa
ter Right of ten thousand Inches (10,
000) of the water of Gold Creek, known
and designated as Last Chance Water
Right number 2, situate In Juneau Re
cording District, District of Alaska,
as bounded and described In the loca
tion certificate thereof, of record in
the office of the Recorder of said Ju
neau Recording District, In book 5, of
Placers, on Page 260 as follows, to
wit: All and singular tha* tract or
parcel of land lying and being in Ju
neau Recording District, District of
Alaska, commencing at the South
westerly end stake of the Last Chance
Placer Mining Claim on Gold Creek
on which the notice of location of Wa
ter Right is, or was posieu. inouct
extending along the right bank of Gold
Creek on by Tunnel Southwesterly
one-half mile more or less to the
Creek again with the right to the em
Joyment of ten thousand (10,000) in
ches of the water of the said Gold
Creek, for mining purposes.
ELEVENTH: All that certain right
of way for Flume or Water Ditch and
water right of 10,000 inches in Gold
Creek, known as the Last Chance Wa
ter Right number 3, in Juneau Record
ing District. District of Alaska, as
bounded and described in the certifi
cate of location thereof, of record in
the office of the Recorder of Juneau
Recording District, District of Alas
ka, in book 5 of Placers on pages 270
and 271.
TWELFTH: All that certain right
of way for Flume and Water Ditch
and Water Right of 10,000 inches ol
water from Snow Slide Gulch known
and designated as Last Chance Water
: Right Number 4, situate in Juneau Re
cording District, District of Alaska,
as bounded and described in the no
? tice of the location thereof, of record in
book number 6 of Placers on page 270
in the office of the Recorder of said
i Juneau Recording District.
Together with all and singular, the
buildings, roads, passages, engines,
boilers, machinery, derricks and all
other personal property thereon, ways,
waters, water-courses flumes, pipe
lines, ditches, water rights and rights
of way and all the dips, spurs, and
angles and all metals, ores gold and
silver-bearing quartz, rock and earth
therein and all the rights, privileges
and franchises thereto incident, np
pendant and appurtenant or there
with usually had and enjoyed; and
also all and singular the tenements
hereditaments and appurtenances
thereto belonging or In any wise np
i pertaining, and the reversion or re
: versions, remainder and remainders
, rents. Issues and profits thereof: and
also the estate, right, title, interest
property, possession, claim and de
raand whatsoever, as well in law as
| in equity of the said party of the first
i pr.rt of, in and to the premises and
, every part and parcel thereof with np
i purtenances.
Also the following property acquired
by The Jualpa Company, subject tc
? that certain mortgage deed of trust
dated May 1, 1905, but acquired sub
sequent to the execution of said mort
; gage deed of trust, in the Harris Min
I ing District, District of Alaska, bein?
! parts of U. S. Survey No. 641, and the
i Colorado Lode and Idaho Placet
Claims:
Commencing at corner No. 4, Last
Chance Placer, survey No. 142; thence
along line 4?3 Survey No. 142 N. 4
deg. 30 min.. W. 251 feet to cornet
No. 3 Survey No. 142, identical with
corners Nos. 5, and 6, Colorado Lode
and Idaho Placer U. S. Survey No. 641
respectively; thence along the N. W
side-line of the Colorado Lode N. 84
deg. 00 min. E. 135 feet to point at
foot of Snow Slide Gulch; thence S,
23 deg. 15 min. W. 288 feet approxi
mately to corner No. 4, U. S. Survey
No. 142 and the place of beginning,
containing an area of 0.40 acres more
or less, magnetic variation 30 deg.
00 min. E.
l-'Olllint'iiciuK ui vuiuci ?V. A u>u.
Chance Placer U. S. Survey No. 143
on line 2?3 Ground Hog Mill Site U.
S. Survey No. 75: thence N. 85 deg,
30 min. E. 200 feet to corner No. 4, U.
S. Survey No. 143; thence S. 41 deg.
00 min. E. 50 feet to a point within
the Idaho placer U. S. Survey No. 641;
thence S. 85 deg. 30 min. W. 200 feet
to a point on line 3?2 U. S. Survey
No. 75; thence N. 41 deg. 00 min. W.
50 feet along line 3?2 U. S. Survey
No. 75 to corner No. 1 U. S. Survey
No. 143 and the place of beginning,
containing an area of 0.30 acres more
or less; magnetic variation 30 deg.
00 min. E.
Also the Sola Lode Claim, situate
in the Harris Mining District, District
of Alaska, described as follows, to
wit:
Commencing at this notice and mon
ument, being the center of the S. E.
end of the claim; thence southwester
ly 300 feet to a monument at S. W.
corner of the claim on the N. E. side
line of the Bess Lode; thence north
westerly 1500 feet to monument at
N. W. corner of claim, along the N.
E. side line of the Bess and Lady
Corsen lodes; thence northeasterly
600 feet to monument at N. E. cor
ner of claim; thence southeasterly
1500 feet to northeast corner of claim;
thence southwesterly 300 feet to lode
line monument, and the place of be
ginning. Containing an area of 20.66
acres. This claim is situated on Gold
Mountain about the southeast end of
Silver Bow Basin. This claim shall
be known as the Sola Lode, and is
bounded on the N. E. and N. W. by
unknown clulinu. on the S. W. by tho
Ludy Corsen and Bess Lodes, and on
tho S. E. by the Sola No. 1 Lode.
Also tho Sola Number One Lodo
Claim, situate In the Harris Alining
District, District of Alaska, described
as follows, to-wit:
Commencing at this notice and mon
ument, being the center N. W. end of
claim; thence northeasterly 300 feet
to monument at N. W. corner of claim;
thence southeasterly 1500 feet to mon
ument at N. E. corner of claim; thence
southwesterly COO feet to monument
at southeast corner of claim; thence
northwesterly 1500 feet partly along
the N. E. side line of the Hess lodo to
monument at S. W. corner of clnlm;
thence northwesterly to lode line
monument, and the place of beginning.
Containing an area of 20.6C acres. This
claim Is situated on Gold Mountain
about the southeast end of Silver Bow
Basin and is an extension of the Sola
Lode. The Sola No. 1 lode is bound
ed on tho N. E. and S. E. by unknown
claims, on the N. W. by the Sola lode
and on the southwest by unknown
claims, and tho N. E. side lino of the
Bess Lode.
And it Is further ORDERED, AD
JUDGED and DECREED that the said
mortgage from The Junlpa Company
to the Central Trust & Savings Com
pany. as trustee, of which the plain
tiff, Lewis Porter Hammond, is suc
cessor as trustee, Is a second lien up
on all of tho property described in
paragraph No. 2 of this decree sub
ject and subsequent only to the said
mortgage, deed of trust from The Last
Chance Gold Mining Company of Al
aska to Wyoming Valley Trust Com
pany; and.
It Is furthei ORDERED, ADJUDGED
and DECREED that 961 of the said
bonds of The Junlpa Company have
been assigned to the said Lewis Por
ter Hammond for the purpose of bid
ding under said mortgage deed of
trust by the Alaska Gastineau Mining
Company; and. further, thnt two of
the bonds under said mortgage deed
of trust are the property of George
P. Chandler, and that said bonds have
been lost or destroyed.
'! 'nrraFpfrT^
"pSmSli U?r?-. ?f ?;rcmS:
Sf ?Saps' iSUm
:?SKJtSf
directed, and t ^t > ftn(1 equtty
oJ'red^Ptioti, of ihj| ^eJd0mJany 5
holding under or c aim b U) an>,
ll"r property and
or all o' t,l? l, V' pii.od aud every
; s ^-^.jrSAS!
'. EBSpSS reform! to
i No?. 2 ?"d 3 of thv tkC
' nd
ana L)rA iv . rtu true copy ol
. execution, settlni, of thit
this decree, shall issue ... t}lf
' court for the PUJ"P(,S. franChlses and
i property. Premi^ and^
: KVd;{psietiss& 3
: !?sL hid^
| ertJ^SSX? W the P?J
>'rouW? Sffj-jys: s
: s?s as
! blddeI f?r?Cn,t proceeds thereof Is
, and deposit the P according
. the registry of this couri.
, to the priorities and pro vision8^ ^
1 decree, saving am ^ mortgage deedt
I trustees under the sa o( gald
t of trust and the oondhoilo^ m up
"? hereinafter pro
. vlded.
: sttgsfSffSiSrSSE
' ??miblAll of the property describee
(it) ah " . . decree t(
: jbsft'ss
, nrc?'AtVdoX pro^ny^rih^
; STffStif'Sfi; si's
'? r~ * ? r.'hi?h!ujrrams
: SMth?c,Ji. .l ?d ?*
I IrshJ-Uat
declare the propertysold to' ^ ^
? PUrCh?therwfser. the marshal shall de
i 3X
; Mr<A> ?pti the
scribed in paragraph No. 3 of tnis
; cree as sold underclauso (B).
? .. ? nmncrty described la
in case the vnv^i ^ ^ bo BOl(1
paragraph No. - ( A) hereof
, separately unde ^ Unlted states
. above set fortn. /pinsTl AH the
marshal shall satis > . t)u. sak
accruing costs arllBl |C0J|D) AH the
, of said property, trustee,
costs and expenses ^ an(i
S' Pf'7XrtgaKeddeeadrCodf SiM
"nterert'be^hW to the Wyoming/^
ley Trust Company, as trustee, ano
(FOURTH) That this court shall re
ceive and apply the surplus, if any to
the satisfaction of the mortgage deed
of trust described in paragraph No. 3
of this decree, and that the surplus, tl
any, of such bid thereafter remaining,
be deposited in this court for the bene
fit of such other persons as may be cm
titled thereto under the order of this
court.
U is further ORDERED, AD
JUDGED and DECREED that the said
Lewis Porter Hammond, as trustee,
after satisfying the costs and expens
es and compensation of the Wyoming
Valley Trust Company and the at
torney's fees allowed in paragraph
No. 2 of this decree, and, after pay
ing the sum of $346.00, principal and
interest to the said Wyoming Valley
Trust Co., being the principal and in
terest duo upon the two bonds not
held by Lewis Porter Hammond, may
bid with the 87 bonds held by him
under said mortgage deed of trust in
lieu of cash up to and Including the
sum of $15,051.00. being the principal
and interest now due upon the said
87 bonds so held by the said Lewis
Porter Hammond.
VIII.
| (1) If the property described in
: paragraph No. 3 of this decree, not
j including that described in paragraph
I No. 2, bo sold separately under clause
'(B) of paragraph No. 6, the United
Stales Marshal shall: (FIRST) Satis
fy out of the proceeds of said Halo,
tho costs of snld sale. (SECOND) hi
Amounts found to be due hereunder si
on account of trustees' expenses and d
compensation and attorney's fees, d
(THIRD) Apply the balance to the C
amount found to be duo under para- n
graph No. 3 hereof on account of the \
bonds and Interest under said mort- a
gage deed of trust to the Central Trust d
& Savings Company, of which, Lewis a
l'orter Hammond is successor, as n
trustee. (FOURTH) That the surplus, n
If any, bo deposited In this court for p
the sntlBfactlon of the persons entitled I.
thereto who may make application to s
this court; and, n
(3) It Is further ORDERED, AD- a
JUDGED and DECREED that the 11
holder or holders of any bondH under s
the mor'gnge deed of trust may bid c
with bonds In lieu of cash, after pay
ing: (FIRST) The costs and expenses j
of said sale. (SECOND) Tho amounts
found to be duo on account of trus
tees' expenses, compensation and at
torney's fees, and bo credited there
after on account of said bid with such L
surplus as would bo payable upon j
said bid to such bondholders out of t
the surplus left after paying the costs t
and expenses of trustee and trustees' s
attorneys, but shall pay the balance s
of such bid Into tho court through snld -
marshal so that the bondholders not
participating in said bid shall be rat- ^
ably paid; and I
(3) It Is further provided that no ?
sum shall be credited on account of "
said bonds In excess of tho face value .
thereon, together with Interest now ?
duo thereon. !
IX.
(1) If the property described here
in bo sold under paragraph (C) of
ibis decree, that Is to say. If all of the
property described In this decree be
sold in bulk to tho highest bidder,
then the United States marshal shall:
(FIRST) Satisfy out of tho sum bid,
the total amount due for costs and ex
penses of this sale. (SECOND) The
total amount due to the Wyoming
Valley Trust Company as trustee on |
account of the expenses and compen
sation of such trustee and on account
of attorney's fees. (THIRD) The total
amount due to the Wyoming Valley
i Trust Company, as trustee, on accoum
of the mortgngc and bonds described
in paragrnph No. 2 of this decree, both
as to principal and interest, and
(FOURTH) The total amount due to
the plaintiff, Lewis Porter Hammond
as trustee, on account of trustees' ex
penses and compensation and com
i 1 ensatlon of attorney's fees for trus
tee provided for hereunder. (FIFTH)
The balance shall be applied to the
payment and satisfaction of the mort
gage deed of trust described in para
graph No. 3 of this decree. (SIXTH)
That the surplus. If any, shall be de
posited in the registry of this court
for the benflt of those entitled theru
to who hereafter may make applica
tion to this court. (SEVENTH) After
! satisfying the costs and expenses of
this sale and the costs and expenses
1 of the trustee herein, and their com
pensation and their attorney's fees,
! the amount bid may be paid in the
. following manner, to-wlt: The said
. Lewis Porter Hammond, ns trustee,
[ may pay the total sum of J34G.00, be
| i ing the principal and interest due to
the Wyoming Valley Trust Company
, on account of the two bonds not
( held by the said Lewis Porter
? Hammond under the mortgage deed
,'of trust described in paragraph No.
2 of this decree and may surrender
- the 87 bonds held by the said Lewis
t Porter Hammond, as trustee, for the
sum of $15,051.00, being the principal
and interest due upon the said 87
i bonds and have said amount npplied
. upon said bid in lieu of cash, and the
( said Lewis Porter Hammond, may,
, after satisfying the prior charges
| above mentioned, to-wit: the costs and
, expenses of the sale, costs and ex
. penscs and compensation of trustees
11 and of attorney's fees, and the amount
of thd mortgage due to the Wyoming
i Valley Trust Company under para
graph No. 2 herein, and after the said
| charges are deducted from the amount
, of his bid, pay the balance of such
I bid by having credited upon the 961
bonds held by him, 961-1000 of the bal
|i mice .due upon such bid, and shall pay
( into the court the balance of such
f surplus amount so bid to-wit: 39-1000
in cash, provided, however, that if the
I said bid shall exceed the amount of
} the prior charges above set forth and
the amount of the mortgage from the
said The Jualpa Company to the (Jen
, trnl Trust & Savings Compnny, the
I amount of excess shall also be depos
I ited in court through said United
_ | States Marshal, to be disbursed under
,! order of this court to the persons
, | thereunto entitled: and.
. (2) It is further ORDERED. AD
_j rUDC.ED and DECREED that any or
I all of the holders of the said 39 bonds
! issued under the said mortgage deed
I of trust and not deposited with the
I said Lewis Porter Hammond, may also
have the right to bid under said mort
* gage deed of trust,, after paying the
costs and expenses ot sale and costs
and expenses and compensation of the
[ trustees and their attorneys, and pay
ing the amount due under the mort
gage deed of trust to the Wyoming
Valley Trust Company, described in
paragraph No. 2 of this decree, by de
positing with the United States Mar
shal, the bonds so held by said persons
! desiring to bid, and having credited
| thereon such sums as would be pay
, able upon said bonds after paying
the prior charges above described,
the same ns if the whole amount of
said bid had been puid In cash, but
slinll pay the balance of said bid in
cash so that the holder or holders of
, other bonds not participating ih said
bid, but within the same class, shall
be ratably paid: and, that thereafter
the said United States Marshal shall
t deposit all proceeds received by him
I in the registry of this court.
X.
J That the Hale of said premises,
1! rights and franchises shall be made by
the United States Marshal arf afore
[ said, who Is authorized to conduct such
sale and execute the necessary con
veyances or certificates to the pur
chaser of the property sold. That the
aforesaid sale shall be had at public
auction to the highest bidder In ac
cordance with law and the terms of
this decree on a day to be fixed by
the United States Marshal upon and
after the publication of the usual no
tice required by law; and, that any
purchaser, or his successor or assigns
shall have the right to enter his or
their appearance In this court and \
shall have the right to become a party ,
to subsequent proceedings herein so far
as his interest may be affected. And ,
the fund arising from tho sale of said 1
property and premises shall be ap- J
plied in accordance with the priorities ?
hereinbefore decreed, and the surplus. !
if any, after tho payment of the var- <
lous claims of indebtedness, shall be '
applied as the court may hereafter di- !
rect and decree. And all questions <
not hereby disposed of are hereby re- j
served for future disposition, and any !
party to the action may, at any time. '
apply to this court at the foot of this 1
decree for such purpose.
u
If, after applying the proceeds of this
itlo, there still remains due and un
utisflcd any sum upon the mortgage
escribed In paragraph No. 2 of this
ecree, tho Wyoming Valley TruBt
ompany shall have a deficiency Judg
lent against The Last Chance Gold
lining Company of Alaska for any
mount still due undor said mortgage
eed of trust; and, likewise, If the
mount bid upon said property does
ot satisfy In full the amount of the
mrtgage deed of trust described In
aragraph No. 3 of this decree, then,
.owls Porter Hammond, as trustee,
hull be entitled to a deficiency Judg
lent against Tho Jualpa Company for
ny amount remaining due and unpaid
pon the mortgage deed of trust de
crlbcd In paragraph No. 3 of this de
ree.
Done In open Court this 23rd day of
larch, A. D., 1914.
ROBERT W. JENNINGS,
Judge.
NOW, THEREFORE, Vou are herc
ly commanded to levy upon all of the
iroperty hereinbefore described, und
o sell the same In accordance with
he foregoing Judgment and decree of
ale, and to apply (he proceeds of such
ale, after deducting the costs and ex
? I t t f t ? t_t ? ? ?. ? t > I t t M I >*?.?>,
pt'IlHUb Oi nuvil ivi; uiiu nmu an uitwb
|od In snld decree.
HEREOF fall not, and of this writ
innkc due service and return.
WITNESS the Honorable Robert W.
Jennings, Judge of said District Court,
und the seal of said Court affixed at
Juneuu, In said District, this 6th day
of April, A. D., 1914.
JAY W. BELL,
(SEAL) Clerk.
I have levied upon all of that cer
tain real property belonging to the
defendants, The Last Chance Gold
Mining of Alaska, a corporation, The
Jualpa Company, a corporation, and
J. Clark Hile. Defendants In the above
entitled cause, which said property Is
more particularly described In the
above and foregoing execution. And
I will, on the 9th day of May, A. D.,
1914, offer said property for sale at
the Front Door of the United States
Court House, in the City of Juneau,
Alaska, at the hour of 10 o'clock In
the forenoon of said day, and will
sell the Bume to the highest and best
bidder for cash in accordance with the
terms and conditions as set forth In
the above and foregoing writ of Exe
cution.
H. L. FAULKNER,
United States Marshal for the District
of Alaska, Division No. One.
? I..T. t .t * t t t. t * ? ..? ? t ?????? ?
-I i I I I irTTTTTTTTTTTTTTTTTTI IT1TT1TTTTTTTTTT1 r*~? rTTTTl
j THE TAVERN?Fik/ C/ass Ca/e f
Private Boxch for Lodica and Private Banquet Room for Parties 4"
!c ? J ? ? II II 1 BUTIRICH BROTHERS I
.. oervice and Cuisine Unexcelled. Proprietors t
H-. 1 III I I 1 I 1 1 H III I III II III 1 IN 1 i III H III II 111 1 I I II it
Itates Reasonable Third and Harris Street. Juneau
The BERGM ANN
NEWLY BUILT AND NEWLY FURNISHED. MODERN IN ALL RE
SPECTS. STEAM HEATED, ELECTRIC LIGHTED, HOT AND COLD
WATER IN EVERY ROOM; BATH ON EVERY FLOOR, INCLUDING
A SHOWER BATH. SANITARY CONDITIONS PERFECT.
I It I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ? ?
$5,000.00
? ? was paid to advertise the sale of Electric Coffee Percolaters - ?
!! at .$7.50 each in a weekly magazine for one issue. 1!
;; We are selling the best electric coffee percolater made ;;
?; for .$5.00 each, but we do not pay such an enormous sum for ;;
!! .advertising. ? ?
:: ALASKA ELECTRIC LIGHT & POWER CO. ;;
11 Third and Franklin Sts. Juneau, Alaska. \ |
? I I I I IIII I I I I I I I I I I MI I I I I I I I I I I I I I IHI I H I I I I I I I I I I ?
FIRST NATIONAL BANK
of JUNEAU
Capital, Surplus and Undivided Profits . $ 85,000
Individual Deposits $400,000
U. S. Govt. Deposits $100,000
Complete facilities for the transaction of any kind
of Banking business
DIRECTORS
T. F. Kennedy, Pres. e1 p/ Kennedy
John Reck, Vico-Prcs. ceo. f/miller
Harold II. Post, Caahicr m. j. O'Connor
Under the name management
FIRST TERRITORIAL BANK OF ALASKA
Interest paid on Time Deposits
-+-H I I II I I I I I 8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I H I I I I I I I ?
Dull Knives wake Sharp Tempers? ?;
Avoid Both. Use one of those
ii Dimo-Grit Grinders--"^" j
:: AT $2.25 EACH, Sold by the ?
ii ALASKA SUPPLY COMPANY i
; +4 iii11n111111111 c? iii i n 11 ii 11111111111111111111 r
When ordering BEER
insist on RAINIER PALE
| Juneau Liquor Company, Inc.
THE LARGEST STOCK-THE BEST BRANDS OF
I Imported and Domestic Liquors and Wines for family use
t PHONE 9-4?MAIL ORDERS A SPECIALTY-FREE DELIVERY
|b. m. BEHRENDS, Banker
JUNEAU, ALASKA
THE OLDEST BANK IN ALASKA
Established 1887
Interest Paid on Member
Savings Accounts American Bankers' A'ssn.
11 I 111 I I I I I I II I I I I 111 I III I 11 11 I III I I I 1 I I I I I I I 11 I 11 |i
! ! TELEPHONE til p. o. BOX 496 j
SCANDINAVIAN GROCERY
:: OPPOSITE CITY DOCK ?
i . Wholesale and Retail Dealers in
! Staple and Fancy Groceries, Clothing, Men's Furnishing
Boots and Shoes
! MINERS* AND FISHERMEN'S OUTFITTING A SPECIALTY
? Savo your tult onion, for there la somothine in atoro for everyone. Watch thla ad an
? you will eo? iU Lots do away with the $35 to $65 suits and come down to the avernjjc workiri
? man's price-$15 to $30. your choico and a fit guaranteed.
i 111 III11 11111111111111' I' 111 M III11 I 11 | 111111111 n

xml | txt