OCR Interpretation


The Alaska daily empire. [volume] (Juneau, Alaska) 1912-1926, April 16, 1914, Image 4

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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 111LE.
DEFENDANTS.
NOTICE OF SALE.
Notice is hereby given that under
and bf 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.
va.
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.
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 Last
Chance Gold Mining Company of Al
aska. a corporation, defendant, for the
sum of Sixteen Thousand Eight Hun
dred and Ninety-Seven Dollars ($16.
897.00); 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 & Bayless; 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.
n.
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 of Al
aska to the Wyoming Valley Trust
Company, together with the sum of
$8,497.00 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-offlclo 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
l^oertscher 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 Placet
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 T&ku 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
I ed in book 2, puge 1S2, of the records
at Juneuu; also the water right of
Woods Gulch as conveyed to Eureka
Hill Placer Claim as recorded in book
2. page 131, of the records aforesaid;
also the Pilgrim Placer Claim as re
corded in book number t> of Placers on
' page 3, all of which five premises
were conveyed to the said The Last
Chance Gold Mining Company by \V.
H. Hlle by deed dated Juno 2. 1899, and
recorded at Juneau in book 15 of deeds
at page 430, as by referenco thereto
; will more fully and at large appear.
THIRD: All that certain Placer
I 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
i Claim lying North of the Western end
of the I<ast Chance Basin, being knowu
md designated as the Mathilda Plac
er Claim.
SIXTH: All that certain Placer
j Claim lying immediately West of the
ij?st Chance Basin known as the Sher
! lock Placer Claim, through which is
i located the present tunnel of the said
The laist Chance Mining Company,
j SEVENTH: All that certain Plac
er Claim known and designated as
I 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, tunnels, works, shutes,
i 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
j same are now owned and enjoyed by
the pnrty 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 I
bonds issued under the said mort
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*
: :ugs Company, as trustee, of which
said Central Trust & Savings Com- 1
pany. the said Lewis Porter Ham
mond is successor trustee; and fur
|thw?
That the said Lewis Porter Ham
! mond. as trustee, may bid upon the
property described in this paragraph
with the said 87 bonds and satisfy
: the principal and interest thereon here
i in decreed to be due, after paying ,
the costs and expenses of said sale
and accruing costs, after satisfying
I the amounts herein decreed to be due 1
to the said Wyoming Valley Trust
Company, as trustee, for attorney's
fees, costs, expenses and compensa
tion and after paying to the Wyoming
Valley Trust Company the sum of j
$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 J
principal due under the said mort
.tage upon the 1000 bonds issued
1 thereunder, together with the sum of '
$47,000.00 interest now due thereon, 1
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 1
i mortgage deed of trust, making a to
tal sum of $162,000.00 together with ?
all accruing costs and interest there- J
ion: and.
It is further ORDERED. ADJUDGED
i and DECREE 11 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 ar. trustee, is a
<Mrst. prior and paramount lien for the
security of the total sum above men
I tioned, together with accruing costs
upon the following described proper
ty, to-wtt:
FIRST: All that certain placer
mining claim known as the Gilbert
Placer Claim situate on Gold Creek,
Juneau Recording District, District of
Alaska, more particularly bounded and
described in the certificate of location
thereof, of record in the office of the
1 recorder of Juneau Recording District,
District of Alaska, in book 5 of plac
ers 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 that certain Lode Min
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 Charlotte Lode Claim, situate in
Silver Bow Basin. Juneau Recording
District. District of Alaska, and par
? ticularly bounded and described in
i the certificate of location thereof, of
record in the office of the Recorder
i of said Juneau Recording District in
, book 13 of Lodes on page 112.
I SEVENTH: All that certain Plac
er Mining Claim, situate near Silver
? Bow Basin in Juneau Recording Dis
i trict. District of Alaska, known as des
. ignatcd as the Lurvey Placer Mine,
: registered in the U. S. Land Office as
- U. S. Patent number 19622. certifi
I cate number 21, and of record in the
-'office of said Recorder of Juneau Re
cording District In book 12 of deeds,
on pages 421, 422, and 423, together
with that certain water right and
ditch belonging and appertaining to
said Lurvey Placer Mining Claim,
known as tho Lurvey Ditch and Wa
ter Right, with all plpo lines applianc
es and apparatus thereunto belonging
or in any way appertaining.
EIGHTH: All that cortaln oinnel
and Tunnel Claim situate in Juneau
Recording District, District of Alaska,
as bounded and descrlbod In the cer
tificate of locutiou, of record In book
5 of Placers on Page 269 in the office
of tho Recorder of Bald Juneau Re
cording District, together with tbo
fluuiu, lumber And material within
said tunnol 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 tho Lust Chance 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 tho right hand bank
of said Gold Crook on which the no
tice of location is posted; thence along
the right hand bonk of Gold Creek in
a Southwesterly direction, around
Cape Horn, and to the I-ast Chance
Placer Claim, one-half milo more or
less, together with the right to tho en
joyment and use of 10,000 inches of
water In said Gold Creek a.bove 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 Pago 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 that 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 posted, thenco
extending along the right bank of Gold
Creek on by Tunnel Southwesterly
one-half mile more or lesB to the
Creek again with the right to the en
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 Flumo 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 of
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 5 of Placers on page 270
In the office of the Recorder of said
Juneau Recording District.
Together with all and singular, the
buildings, roads, passages, engines,
boilers, machinery, derricks and nil
other personal property thereon, wa>s,
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
jllver-bearing quartz, rock and earth
therein and all the rights, privileges
and franchises thereto incident, ap
pendant and appurtenant or there
with usually had and enjoyed; and,
also all and slngulnr the tenements,
hereditaments and appurtenances
thereto belonging or in any wise ap
pertaining, and tho reversion or re
versions, remainder and remainders,
rents. Issues and profits thereof; and
also the estate, right, title, interest
property, possession, claim and de
mand whatsoever, as well in law as
in equity of the said party of the first
part of, in and to the premises and
every part and parcel thereof with ap
purtenances.
Also the following property acquired
by The Jualpa Company, subject to
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
ing District. District of Alaska, being
parts of U. S. Survey No. 641, and the
Colorado Lode and Idaho Placer
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 corner
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-lino 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 tho place of beginning,
containing an area of 0.40 acres more
or less, magnetic variation 30 deg.
00 min. E.
Commencing at corner ino. i l.??i
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 mln. 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 mln. 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 Lodo 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
Sliver Bow Basin. This claim shall
be known as the Sola Lode, and Is
bounded on the N. E. and N. W. by
unknown claims, on the S. \V. by the
Lady Corsen and Bobs Lodes, und on
the S. E. by the Sola No. 1 Lode.
Also tho Sola Number Ono Lode
Claim, Bltuato in tho Harris Mining
District, District of Alaska, doscrlbod
as follows, to-wlt:
Commencing at this notlco 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 1600 feet to mon
ument at N. E. corner of claim; thence
southwesterly 600 feet to monument
at southeast corner of claim; thonce
northwesterly 1500 feet partly along
the N. E. Bide line of the Bess lode to
monument at S. W. corner of claim;
thenco northwesterly to lode line
monument, and tho place of beginning.
Containing an area of 20.66 acres. This
claim is situated on Gold Mountain
about tho southeast end of Silver Bow
Bnsln 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 tho Sola lodo
and on the southwest by unknown
claims, and the N. E. side line of the
Bess Lode.
And it is further ORDERED, AD
JUDGED and DECREED that tho said
mortgage from The Jualpa Company
to the Central Trust & Savlugs 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 the 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; nud,
It is further ORDERED, ADJUDGED
and DECREED that 961 of the said
bonds of The Jualpa Company have
been assigned to the said Lewis Por
ter Hammond for tho purposo of bid
ding under said mortgage deed of
trust by tho Alaska Gastlneau Mining
Company; and, further, that two of
the bonds under said mortgage deed
of trust are the property of George
P. Chandler, and that said bonds havo
been lost or destroyed.
IV.
It Is further ORDERED, ADJUDGED
and DECREED That the mortgaged
premises, property, and franchises,
both real and personal, and mixed,')
and all of the property In this decree,
either specifically or generally de
Scribed. shall be sold as hereinafter
directed, and that all of the right,
title, and interest, estate and equity
of redemption of the defendants. The
Last Chance Gold Mining Company of
Alaska, The Jualpa Company and John
Clark Hlle alias J. Clark Hlle, and
each and all of them, or of any one
holding under or claiming to hold un
der any or all of them, in and to any
or all of the premises, property and
franchises herein described and every
part and parcel thereof shall be for
ever barred and foreclosed, and that
their claim upon said property Is sub
sequent and subject to the mortgages
hereinbefore referred to in paragraphs
Nos. 2 and 3 of this decree.
V.
It is further ORDERED, ADJUDGED
and DECREED that a special writ of
execution, setting forth a true copy of
this decree, shall issue out of this
court for the purpose of selling the
property, premises and franchises and
rights of whatsoever name or nature
in this decree described, directed to
the U. S. Marshal for the District of
Alaska, Division Number One, and he
Is ordered to make sale of said prop
erty according to the provisions of
this decree to satisfy the various
amounts herein found due in the or
der of their respective priority, di
recting that he sell to the highest
bidder for cash all of said property
and deposit the proceeds thereof in
the registry of this court, according j
to the priorities and provisions of this
decree, saving and excepting that the
trustees under the said mortgage deeds
of trust and the bondholders of saldl
mortgage deeds of trust, may bid up
on said property as hereinafter pro
vided.
VI- I
It is further ORDERED. ADJUDGED
and DECREED that the said United
States Marshal offer for sale:
(A) All of the property described
in paragraph No. 2 of this decree to
the highest bidder and tako note of
said .bid.
(B) All of the property described
in paragraph No. 3 of this decree to
the highest bidder (excepting there
from the property described in para
graph No. 2 of this decree) and take
note of said bid.
(C) All of the property described
in paragraphs Nos. 2 and 3 of this de
cree to the highest bidder, and take
note of said bid, and in case the
amount bid upon said property under
clause (C) of this decree shall ex
ceed the total sum bid upon said
property under cluuses (A) and (B)
of this decree, then the marshal Bhall
declare the property sold to the said
purchaser under clause (C) of this de
cree; otherwise, the marshal shall de
clare the property described in para
graph No. 2 of thiB decree as sold un
der clause (A) and the property de
scribed in paragraph No. 3 of this de
cree as sold under clause (B).
VII.
In case the property dcscribod in
paragraph No. 2 of this decree be sold
separately under clause (A) "hereof,
above set forth, the United States
marshal shall satisfy: (FIRST) All the
accruing costs arising upon the sale
of said property; (SECOND) All the
costs and expenses of the trustee,
Wyoming Valley Trust Company, and
the attorney's fees mentioned in para
graph No. 2 of said decree: (THIRD)
The principal sum declared to be due
under said mortgage deed of trust with
interest be paid to the Wyoming Val
ley Trust Company, as trustee, and
(FOURTH) That this court shall ro
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, if
any, of such bid thereafter remaining,
be deposited in this court for the bene
fit of such other persons as may be en
titled thereto under the order of this
court
i?. is further ORDERED, AD
JUDGED aud 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
I terest due 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 priucipal
and interest now duo upon the said
87 bonds so hold by tho said Lewis
Porter Hammond.
VIII.
(1) If the property described in
paragraph No. 3 of this decree, not
including that described in paragraph
No. 2, be sold separately under clause
(B) of paragraph No. 6, the United
States Marshal shall: (FIRST) Satis
fy out of tho proceeds of said salo,
the costs of said salo. (SECOND) ,
Amounts found to be due hereunder ,
on nccount of trustees' expenses and ,
compensation and attorney's fees. ,
(THIRD) Apply the balance to the i
amount found to be due under para- ,
graph No. 3 hereof on account of the ;
bonds and interest under said mort
gago deed of trust to tho Central Trust (
& Savings Company, of which, Lewis (
Porter Hammond is successor, as ,
trustee. (FOURTH) That tho surplus, ]
if uny, bo deposited in this court for j
tho satisfaction of tho persons entitled
thereto who may make application to :
this court; and,
(2) It is further ORDERED. AD- ;
JUDGED and DECREED that the
holder or holders of any bonds under ,
the mortgage deed/ of trust may bid
with bonds in lieu of cash, after pay
Ing: (FIRST) Tho costs and expenses
of said sale. (SECOND) The amounts
found to bo due on account of trus
tees' expenses, compensation and at
torney's fees, nnd be credited there
after on nccount of said bid with such
surplus as would be payable upon
said bid to such bondholders out of i
the surplus loft after paying the costs
and expenses of trustee and trustees' i
attorneys, but shall pay tho balance i
of such bid into the court through said
marshal so that the bondholders not ,
participating in said bid shall be rat
ably paid; and
(3) It is further provided that no
sum shall bo credited on account of
said bonds in excess of the face value
thereon, together with Interest now
duo thereon.
IX.
(1) If the property (lescnueu Here
in be sold under paragraph (C) of
thiu decree, that Is to say. If all of the
property described In tliin decree be
sold In bulk to the highest bidder,
then the United States marshal shall:
(FIRST) Satisfy out of the sum bid,
the total amount due for costs and ex
penses of this sale. (SECOND) 1 lie
total amount due to the Wyoming
Valley Trust Company as trustee on
nccount 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
Trust Company, as trustee, on account
of the mortgage and bonds described
In paragraph No. 2 of this decree, both
as to principal and interest, and
(FOURTH) The total amount duo to
the plaintiff. Lewis Porter Hammond,
as trustee, on account of trustees ex
penses and compensation and com
pensation of attorney's fees for trus
tee provided for hereunder. (FIFTH)
1 he 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 benfit of those entitled there
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
of the trustee herein, and their com
pensation and their attorney s fees,
the amount bid may be paid in the
following manner, to-wit: The said
Lewis Porter Hammond. aB trustee,
may pay the total sum of $346.00, be
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
Porter Hammond, as trustee, for the
sum of $15,051.00, being the principal
and interest duo upon the said 87
bonds and have said amount applied
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
penses and compensation of trustees
and of attorney's fees, and the amount
of the mortgage due to the Wyoming
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
bid by having credited upon the 961
bonds held by him, 961-1000 of the bal
ance due upon such bid, and shall pay
into the court the balance of such
surplus amount so bid to-wit: 39-1000
in cash, provided, however, that if the
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 Cen
tral TruBt & Savings Company, the
amount of excess shall also be depos
ited in court through Bnid United
States Marshal, to be disbursed under
order of this court to the persons
thereunto entitled; and.
(2) It is further ORDERED, AD
JUDGED and L.ICREED that any or
all of the holders of the said 39 bonds
Issued under the said mortgage deed
of trust and not deposited with the
said Lewis Porter Hammond, may also
have the right to bid under said mort
gage deed of trust, after paying the
costs and expenses of 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 as if the whole amount of
said bid had been paid In cash, but
shall pay the balance of said bid in
cash so that the holder or holders of
other bonds not participating in said
bid, but within the same class, shall
be ratably paid; and, that thereafter
the said United States Marshal shall
deposit all proceeds received by him
in the registry of this court.
X.
That the sale or saia preuiioeo,
rights and franchises shall be made by
the United States Marshal as 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 the sale of said
property and premises shall be ap
plied in accordance with tho priorities
hereinbefore decreed, and the surplus,
if any, after the payment of the var
ious 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
served for future disposition, and any
party to the action may, at any time,
apply to this court at the foot of this
decree for such purpose.
XL
If, nftor applying the proceeds of this
salo, thero still remains due and un
satisfied nny sum upon the mortgage
inscribed In paragraph No. 2 of this
Jocree, tho Wyoming Valley Trust
Company shall have a deficiency Judg
ment against Tho Last Chance Gold
Mining Company of Alaska for any
amount still duo under said mortgage
ieod of trust; and, likewiBo, if the
amount bid upon said property does
not satisfy in full the amount of the
mortgage deed of trust described in
paragraph No. 3 of this decree, then,
Lowls Porter Hammond, as trustee,
shall be entitled to a deficiency Judg
ment against The Jualpa Company for
any amount remaining due and unpaid
upon the mortgage deed of trust de
scribed in paragraph No. 3 of this de
cree.
Done In open Court this 23rd day of
March, A. D., 1914.
ROBERT W. JENNINGS,
Judge.
NOW, THEREFORE, You are here
by commanded to levy upon all of the
property hereinbefore described, and
to sell the same in accordance with
the foregoing Judgment and decree of
sale, and to apply the proceeds of such
sale, after deducting the costs and ex
pcnces of such lovy and Bale as direct
ed In said decree.
HEREOF fall not, and of ttalB writ
make due service and return.
WITNESS tho Honorable Robert W.
Jennings, Judge of said District Court,
and the seal of said Court affixed at
Juneau, In Bald 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 tho
defendants, The Last Chance Gold
Mining of Alaska, a corporation, The
Jualpa Company, a corporation, and
J. Clurk Hilo. Defendants in the above
entitled cause, which said property is
more particularly described In tho
above and foregoing execution. And
I will, on tho 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 same 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.
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Proprietors.
1-1 1 I-l II m I 1 III 1 111 II! 1 1 I 111 111 MI I I i 1 I 111 1 ! I 1 II 1 I nT
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NEWLY BUILT AND NEWLY FURNISHED. MODERN IN ALL RE
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:: ALASKA ELECTRIC LIGHT & POWER CO.
11 Third and Franklin Ste. Juneau, Alaska. \ j
? I I I I I II I I I I I I I I I I I I I II I I I I I I I It I I I I I I I I I I I I I I I I I I I I ?
FIRST NATIONAL BANK
of JUNEAU
Capital, Surplus and Undivided Profits . $ 85,000
i Individual Deposits $400,000
U. s. Govt. Deposits $100,000
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DIRECTORS
T. F. Kennedy, Pros. e! p.'Kennedy ,
John Reck, Vice-Pres. ceo. f^miller
Harold H. Post, Cashior m. j. o-connor
Under the same management
FIRST TERRITORIAL BANK OF ALASKA
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Interest Paid on Member
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