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The Alaska daily empire. [volume] (Juneau, Alaska) 1912-1926, April 23, 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 POKtEK HAMMOND, as sue
cesser Trustee, to Contral Trust &
Savings Company. PLAINTIFF,
vs.
THE LAST CHANCE GOLD MINING
COMPAN\ OF ALASKA, a corpora
tlon; THE JUALPA COMPANY, a cor
poratiou, WYOMING VALLEY TKL'ST
COMPANY, a corporation, and: JOHN
GLAKK HILE. alias J. CLAKK H1LE
DEFENDANTS.
NOTICE OF SALE.
Notice is hereby given that under
and by virtue of a writ of Firie Facias
or Executiou. issued out of the Dis
trlct 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
LKWIS PORTER HAMMOND, as sue
cesser Trustee, to Ccutral Trust Ji
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 H1LE. alias J. CLARK H1LE,
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
Chauce 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 Hammoud.
Plaintiff, recovered judgment against
The Jualpa Company, a corporation,
defendant, for the sum of One Hun
dred and Sixty-two Thousand Dollars
t $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 POKTER 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.
11.
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
$6,497.00 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
U>ertscher 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, pago 133; also that
Placer Claim formerly owned by E.
A. Evans, which said claim is record
ed in book 2. page 1S2, 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
I corded in book number 6 of Placers on
i i page 9, all of which five premises
?' were conveyed to the said The Last
- Chance Gold Mining Company by W.
H. HUe by deed dated June 2. 1899, and
recorded at Juneau in book 15 of deeds
? at page 430, as by reference thereto
will more fully and at large appear.
THIRD: Ail that certain Placer
Claim lying along the waters of Gold
' I Creek, above Pilgrim Placer Claim.
being known and designated as the
' Schubert Placer Claim.
'.\ FOURTH: All that certain Placer
Claim lying North of the I-ast 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 Uist Chance Basin, being known
and designated as the Mathild" Plac- '
: er Claim.
SIXTH: AH that certain ciacer
Claim lying immediately West of the
Last Chance Basin known as the Sher
lock Placer Claim, through which is
located the present tunnel of the said
The Last Chance Mining Company.
SEVENTH: All 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
Uist Chance Gold Mining Company.
EIGHTH: All the water-rights,
ditches, flumes, tunnels, works, shutcs,
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
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
ings Company, as trustee, of which
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 J
with the said S7 bonds and satisfy J
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 c
to the said Wyoming Valley Trust!1
Company, as trustee, for attorney's v
: fees, costs, expenses and compensa
tion and after paying to the Wyomiiig 1
Valley Trust Company the sum of j <
$100.00 principal and $73.00 iuterest, ?
due upon each of the two remaining j
bonds not held by him.
. lit M
It is further ORDERED, ADJUDGED J
and decreed that the plaintiff herein.
Lewis Porter Hammond, as trustee, 1
have and recover of and from The 1
j ualpa Company, the sum of $100,000.00 c
principal due under the said mort- 1
gage upon the 1000 bonds Issued '
thereuuder, together with the sum of c
$47,000.00 interest now due thereon. :i
together with the sum of $10,000.00 -s
attorney's fees, together with the sumj1
of $5,000.00 expenses and compensa- s
| tion of the said trustee under said 11
mortgage deed of trust, making a to- ;
tal sum of $102,000.00 together with s
all accruing costs and interest there- ^
on: and. 1
It is further ORDERED. ADJUDGED 1
and DECREED that the said mortgage N
deed of trust from the said The Jual- r
pa Company to the Central Trust & 2
Savings Company, as trustee, of which I
the said Lev is Porter Hammond, ]
plaintiff, is successor as trustee, is a '
first, prior and paramount lien for the 1
security of the total sum above men- *
tioned, together with accruing costs 1
; upon the following described proper
ty, to-wlt:
FIRST: All that certain placer 1
mining claim known as the Gilbert 1
Placer Claim situate on Gold Creek. s
Juneau Recording District, District of l
Alaska, more particularly bounded and '
described in the certificate of location I
thereof, of record in the office of the <
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 J
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- f
ord in the office of the recorder of (
said Juneau Recording District in book (
11 of Lodes on page 121. ;:
T-Illr.1-,. til ,V?, j a.1a Mln. It
1 (ll(\L/. Ail UItU V.C4U.IH tiuuv tutu t
ing Claim known as the Margarite I
Lode Claim, situate in Silver Bow Ba- c
sin. Juneau Recording District, Dis- <
' trict of Alaska, and particularly t
bounded and described in the certifi
cate of location thereof, of record in (
the office of the Recorder of Juneau c
Recording District in book 13 of lodes i
on page 113. ;
FOURTH: All that certain Lode i
Mining Claim known and designated (
as the I-ady Corsen Lode Claim, situ- t
ate in Silver Bow Basin, Juneau Re- t
cording District, District of Alaska, I
and particularly bounded and describ- 1
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- j
ver Bow Basin. Juneau Recording Dis- <
trict. District of Alaska, of record in i
the office of said recorder In book 13
of Lodes on page 114. i
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- i
ticularly bounded and described in ]
the certificate of location thereof, of ]
record in the office of the Recorder <
of said Juneau Recording District in t
book 13 of Lodes on page 112. l
SEVENTH: All that certain Plac
er Mining Claim, situate near Silver I
Bow Basin in Juneau Recording Dis- 1
trict. District of Alaska, known as des- j
ignated as the Lurvey Placer Mine, i
registered In the U. S. Land Office as :
U. S. Patent number 19622, certifi- !
|cate number 21, and of record in the 1
office of said Recorder of Junean Re- I
cording District In book 12 of deedi
on pages 421, 422, and 423, togothe
with that certain water right - an
ditch belouging and appertaining t
said Lurvey Placer Mining Claln
known us the Lurvey Ditch and Wi
ter Right, with all pipe lines appllan<
es and apparatus thereunto belongin
or in any way appertaining.
EIGHTH: All that certain iunnt
and Tunnel Claim situate in Junca
Recording District, District of Alaski
as bounded and described in the ce:
tificate of location, of record lu boo
5 of Placers on Page 269 in the offlc
of the Recorder of said Junoau R<
cording District, together with th
flumo, lumber and material wlthi
said tunnel with appurtenances lu an
way appertaining thereto.
NINTH: All that certain right c
way for flume or water ditch of te
thousand Inches known and doslgna
ed as the Last Chance Water Rlghi
number 1, in and to the waters of Gol
Creek, Juneau Recording District. DIs
trict of Alaska, and more partlcularl
described as follows, to-wit: Con
mencing at a point about 150 yard
above Snow Slide gulch on Gold Cree
and a stake on the right hand ban
of said Gold Creek on which the nt
tice of location is posted; thence alon
the right hand bank of Gold Creek 1:
a Southwesterly direction, nroun
Tape Horn, and to the Last Chanc
Placer Claim, one-half mile more o
less, together with the right to the er
loyment and uso of 10,000 inches o
water in said Gold Creek above met
tloned, for mining purposes; the cei
tificate of location of said water righ
being of record in the office of th
recorder of said Recording Districl
in book 5 of Placers on Page 259.
TENTH: All that certain Right o
tVay for flume or water ditch and Wa
te.- Right of ten thousand inches (10
)00) of the water of Gold Creek, know:
and designated as Last Chance Wate
Itight number 2, situate in Juneau Re
Cording District, District of Alaska
is bounded and described In the loca
:lon certificate thereof, of record ii
:he office of the Recorder of said Ju
leau Recording District, in book 5, o
Placers, on Page 260 as follows, tc
wit: All and singular that tract o
parcel of land lying and being in Ju
ieau Recording District, District o
Mask*, commencing at the South
westerly end stake of the Last Chanc
Placer .Mining Claim on Gold Creel
m which the notice of location of Wa
er Right is. or was posted, thenc
extending along the right bank of Gol<
'reek on by Tunnel Southwestern
me-half mile more or less to th<
>eek again with the right to the en
ovment of ten thousand (10,000) in
?hes of the water of the said Gol<
"reek, for mining purposes.
ELEVENTH: All that certain righ
>f wn.w for Flume or Water Ditch an<
rater right of 10.000 inches in Goh
'reek, known as the I-ast Chance Wa
er Right number 3, in Juneau Record
ng District. District of Alaska, as
>ounded and described in the cortifi
:atc of location thereof, of record it
he office of the Recorder of Juneat
tecording District, District of Alas
[a. in book 5 of Placers on pages 271
tnd 271.
TlVRt.PTH: All that certain rich
>f way for Flume and Water Ditcl
iiid Water Right of 10,000 Inches o
rater from Snow Slide Gulch knowi
ind designated as Last Chance Wnte
tight Number 4, situate in Juneau Re
:ording District. District of Alaska
is bounded and described in the no
ice of the location thereof, of record ii
>ook number 5 of Placers on page 27<
n the office of the Recorder of sal<
funeau Recording District.
Together with all and singular, thi
>uildings, roads, passages, engines
loilers, machinery, derricks and al
ither personal property thereon, ways
raters, water-courses flumes, pipe
ines. ditches, water rights and right!
>f way and all the dips, spurs, ant
ingles and all metals, ores gold ant
tilver-bearing quartz, rock and eartl
herein and all the rights, privilege!
ind franchises thereto incident, ap
>endant and appurtenant or there
vith usually had and enjoyed; and
tlso all and singular the tenements
lereditaments and appurtenancei
hereto belonging or in any wise ap
>ertaining, and the reversion or re
rersions, remainder and remainders
ents, issues and profits thereof; ant
ilso the estate,* right, title, interes
>roperty, possession, claim and de
nand whatsoever, as well in lav,- ai
n equity of the said party of the firs
>art of, in and to the premises an*
svery part and parcel thereof with ap
>urtenances.
Also the following property acquire*
>y The Jualpa Company, subject t<
hat certain mortgage deed of trus
lated May 1, 1905, but acquired sub
lequent to the execution of said mort
;age deed of trust, in the Harris Min
ng District, District of Alaska, bcini
?arts of U. S. Survey No. 641, and th?
Colorado Lode and Idaho Place
Claims:
Commencing at corner No. 4, Las
jhance Placer, survey No. 142; thenci
ilong line 4?3 Survey No. 142 N. <
leg. 30 min. W. 251 feet to come
S'o. 3 Survey No. 142, identical witl
rorners Nos. 5, and 6, Colorado Lodi
ind Idaho Placer U. S. Survey No. 64:
?espectlvely; thence along the N. W
dde-line of the Colorado Lode N. 8<
leg. 00 min. E. 135 feet to point a
oot of Snow Slide Gulch; thence S
!3 deg. 15 min. W. 288 feet approxi
nately to corner No. 4, U. S. Surve;
s'o. 142 and the place of beginning
:ontaining an area of 0.40 acres inori
>r less, magnetic variation 30 deg
>0 min. E.
Commencing at Corner No. 1 Las
Chance Placer U. S. Survey No. 14;
>n line 2?3 Ground Hog Mill Site U
3. Survey No. 75; thenco N. 85 deg
10 min. E. 200 feet to corner No. 4, U
3. Survey No. 143; thence S. 41 deg
>0 min. E. 50 feet to a point withii
he Idaho placer U. S. Survey No. 641
:hence S. 85 deg. 30 min. W. 200 fee
:o a point on line 3?2 U. S. Surve;
S'o. 75; thence N. 41 deg. 00 min. W
>0 feet along line 3?2 U. S. Surve;
S'o. 75 to corner No. 1 U. S. Surve;
S'o. 143 and the place of beginning
containing an area of 0.30 acres mor
>r less; magnetic variation 30 deg
n> mm. r..
Also the Sola Lode Claim, situat
n the Harris Mining District, Distric
)f Alaska, described as follows, tc
wit:
Commencing at this notice and mot
iment, being the center of the S. ?
rnd of the claim; thence southwestei
y 300 feet to a monument at S. W
:orner of the claim on the N. E. sid
ine of the Bess Lode; thence nortfc
westerly 1500 feet to monument a
S\ W. corner of claim, along the N
E. side line of the Bess and Lad;
Worsen lodes; thence north easterl;
>00 feet to monument at N. E. coi
ler of claim; thence southeasterl;
1500 feet to northeast corner of claim
:hence southwesterly 300 feet to lod
ine monument, and the place of be
winning. Containing an area of 20.6
acres. This claim is situated on Gol
Mountain about the southeast end o
Silver Bow Basin. This claim sha!
be known as the Sola Lode, and i
bounded on the N. E. and N. W. b
s, unknown claims, on the S. W. by the
ir Lady Corsen and Bess Lodes, and on
d the S. E. by the Sola No. 1 Lode.
? Also the Sola Number One Lode
>. Claim, situate in the Harris Mining
District, District of Alaska, described
8- as follows, to-wit:
K Commencing at this notice and mon
ument, being the center N. W. end of
claim; thence northeasterly 300 feet
u to monument at N. W. corner of claim;
L theuco southeasterly 1600 feet to mon
r- unumt at N. E. corner of claim; thence
k southwesterly GOO feet to monument
e at southeast corner of claim; thenco
5* northwesterly 1600 feet partly along
o the N. E. side line of the Bess lode to
n monument at S. W. corner of claim;
y thence northwesterly to lode line
monument, and the placo of beginning,
if Containing an area of 20.66 acres. This
a claim Is situated on Gold Mountuln
t- about the southeast end of Silver Bow
t, Basin and Is an extension of the Sola
d Lode. The Sola No. 1 lode is bound
j- ed on tho N. E. and S. E. by unknown
y claims, on tho N. W. by the Sola lode
and on the southwest by unknown
s claims, and the N. E. side line of the
k I Bess Lode.
k And it is further ORDERED, AD
>? JUDGED and DECREED that the said ,
g mortgage from The Jualpa Company '
n to the Central Trust & Savings Com- ,
d puny, as trustee, of which the plain- ,
0 tiff, LewiB Porter Hammond, is sue
r cessor as trustee, is a second lien up
i- 011 all of the property described in
f paragraph No. 2 of this decree sub
ject and subsequent only to the suld
mortgage deed of trust from The Last
t Chnnce Gold Mining Company of Al
e aska to Wyoming Valley Trust Com
t, pany; and,
It Is furthor ORDERED, ADJUDGED
f and DECREED that 961 of the said
e bonds of The Jualpa Company have
been assiffhed to the said Lewis Por
n ter Hammond for the purpose of bld
r ding under said mortgage deed of
>? trust by the Alaska Gastineau Mining
>? Company; and, further, that two of
.- the bonds under said mortgage deed
1 of trust are tho property of George
>* P. Chandler, and that said bonds have
f been lost or destroyed.
h IV.
r It is further ORDERED, ADJUDGED
and DECREED That the mortgaged
premises, property, and franchises,
'* both real and personal, and mixed,
e and all of the property in this decree,
s either specifically or generally de
" scribed, shall be sold as hereinafter
? directed, and that all of the right,
J title, and interest, estate and equity
^ of redemption of the defendants, The
J Last Chance Gold Mining Company of
Alaska, The Jualpa Company and John
' Clark Hile alius J. Clark Hlle, and
1 each and all of them, or of any one
holding under or claiming to hold un
t der any or all of them, in and to any
1 or all of the premises, property and
1 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
i hereinbefore referred to In paragraphs
i Nos. 2 and 3 of this decree.
V.
J It Ih further ORDERED. ADJUDGED
unci DECREED that a special writ of
t execution, setting forth a true copy of
1 this decree, shall issue out of this
f court for the purpose of selling the
1 property, premises and franchises and
r 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
1 is ordered to make sale of said prop
) erty according to the provisions of
1 this decree to satisfy the various
amounts herein fouud due in the or
3 der of their respective priority, di
, recting that he sell to the highest
1 bidder for cash ail of said property
, and deposit the proceeds thereof in
- the registry of this court, according
3 to the priorities and provisions of this
1 decree, saving and excepting that the
1 trustees under the said mortgage deeds
l of trust and the bondholders of said
) mortgage deeds of trust, may bid up
- on said property as hereinafter pro
- vided.
VI.
! It Is further ORDERED, ADJUDGED I
} 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
1 the highest bidder und take note of
t said bid.
<B) All of the property described
9 in paragraph No. 3 of this decroe to
t the highest bidder (excepting there
1 from the property described in para
- graph No. 2 of this decree) and take
note of said bid.
i (C) All of the property described
J in paragraphs Nos. 2 and 3 of thiB de
t 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 j
8 property under clauses (A) and (B) 1
r of this decree, then the marshal shall '
declare the property sold to the said f
t purchaser uuder clause (C) of this de- 1
9 cree; otherwise, the marshal shall de- !
1 clarc the property described in para- (
r graph No. 2 of this decree as sold un- '
l der clause (A) and the property de- !
9 scribed in paragraph No. 3 of this tie- 1
L cree as sold under clause (B).
VII.
1 In case the property described in 1
t paragraph No. 2 of this decree be sold '
l. separately under clause (A) hereof, 1
. above set forth, the United States '
f marshal shall satisfy: (FIRST) All the J
accruing costs arising upon the sale j
i? of said property; (SECOND) All the J
costs and expenses of the trustee. '
Wyoming Valley Trust Company, and j
t the attorney's fees mentioned in para- '
3 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 Vnl- ]
ley Trust Company, as trustee, and '
i (FOURTH) That this court shall re- !
; ceive and apply the surplus, if any to
t the satisfaction of the mortgage deed
y of trust described In paragraph No. 3
. of this decree, and that the surplus, If '
y any, of such bid thereafter remaining, 1
y be deposited in this court for the bene- 1
fit of such other persons as may bo en- J
e titled thereto under the order of this
court
* 1 -- /NTini^nmn An ?
it la lunuur wnu?inciL/, nu
e JUDGED and DECREED that the said
t Lewis Porter Hammond, as trustee,
y. after satisfying the costs and expens
es and compensation of the Wyoming
[. Valley TruBt 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
e interest to the said Wyoming Valley
[. Trust Co., being the principal and ln
t terest due upon the two bonds not
f. held by LewlB Porter Hammond, may
y bid with the 87 bonds held by him
y under said mortgage deed of trust in
?- lieu of cash up to and including the
y sum of $15,051.00, being the principal
; and interest now due upon the said I
e 87 bonds so held by the said Lewis I
>- Porter Hammond. i
6 VIII. i
d (1) If the property described in i
if paragraph No. 3 of this decree, not
II including that described In paragraph
b No. 2, be sold separately under clause ;
y (B) of paragraph No. 6, the United i
Statea Murshal shall: (FIRST) Satis
fy out of the proceeds of said sale,
the costs of said sale. (SECOND)
Amounts found to bo duo horeuudor
on account of trustees' expenses and
compensation and attorney's fees.
(THIRD) Apply tho balance to the
amount found to be due under para
graph No. 3 hereof on account of tho
bonds and interest under said mort
gage deed of trust to tho Central Trust
& Savings Company, of which, Lewis
Porter Hammond is successor, as
trustoo. (FOURTH) That tho surplus,
if any, bo deposited in this court for
tho satisfaction of the 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
tho mortgngu deed of trust may bid
with bonds in lluu of cash, after pay
ing: (FIRST) The costs and expenses
of said sale. (SECOND) Tho amounts
found to be due on account of trus
tees' expenses, compensation and at
torney's fees, and be credited there
after on account of said bid with such
surplus as would be payable upon
suld bid to such bondholders out of
the surplus left after paying the costs
and expenses of trustee and trustees'
attorneys, but shall pay the balance
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 be credited on account of
said bonds in excess of the face value
thereon, together with interest now
Jue thereon.
1A.
(1) If the property described here
in be sold under paragraph (C) of
this decree, tliut la to say, if all of the
property described in this 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) The
total amount due to the Wyoming
Valley Trust Company as trustee on
tccount of the expenses and compen
sation of such trustee and on account
it attorney's fees. (THIRD) The total
iniount due to the Wyoming Valley
Trust Company, as trustee, on account
pf the mortgage and bonds described
n paragraph No. 2 of this decree, both
ts to principal and interest, and
(FOURTH) The total amount due to
die plaintiff, Lewis Porter Hammond,
is trustee, on account of trustees' ex
penses and compensation and com
pensation of attorney's fees for tins
lee provided for hereunder. (FIFTH)
1 he balance shall be applied to the
payment and satisfaction of the mort
;ago deed of trust described in para
;raph No. 3 of this decree. (SIXTH)
That the surplus, if any, shall be de
posited in the registry of this court
'or the benfit of those entitled there
io who hereafter may make appliea
ion to this court. (SEVENTH) After
satisfying the costs and expenses of
his sale and the costs and expenses
it the trustee herein, and their com
pensation and their attorney's fees,
.he amount bid may be paid in the
'ollowiug manner, to-wlt: The said
l^ewis Porter Hammond, as trustee,
nay pay the total sum of $346.00, be
ng the principal and interest due to
lie Wyoming Valley Trust Company
>n account of the two bonds not
lcld by the said Lewis Porter
Hammond under the mortgage deed
>f trust described in paragraph No.
2 of this decree and may surrender
he 87 bonds held by the said Lewis
Porter Hammond, as trustee, for the
mm of $15,051.00, being the principal
ind interest due upon the said 87
ponds and have said amount applied
tpon said bid in lieu of cash, and the
mid Lewis Porter Hammond, may,
ifter satisfying the prior charges
ibove mentioned, to-wlt: the costs and
.?xpenses of the sale, costs and ex
penses and compensation of trustees
ind of attorney's fees, and the amount
>f the mortgage due to the Wyoming
Valley Trust Company under para
;rnph No. 2 herein, and after the said
Iltll fcvn Uif UCUUV-lfil it wait vuu UUIVU..V
>f his bid, pay the balance of such
jid by having credited upon the 961
>onds held by him, 961-1000 of the bal
mce due upon such bid, and shall pay
nto the court the balance of such
surplus amount so bid to-wit: 39-1000
n cash, provided, however, that if tbe
said bid shall exceed the amount of
he prior charges above set forth and
he amount of the mortgage from the
said The Jualpa Company to the Cen
:rnl Trust & Savings Company, the
imount of excess shall also be depos
ted in court through said United
States Marshal, to be disbursed under
jrder of this court to the persons
hereunto entitled: and.
(2) It is futher OKDERED, AD
JUDGED and l...CREED that any or
ill of the holders of the said 39 bonds
sailed under the said mortgage deed
>f trust nnd not deposited with the
said Lewis Porter Hammond, may also
lave the right to bid under said mort
;ngc deed of trust, after paying the
:osts and expenses of sale and costs
ind expenses and compensation of the
rustees and their attorneys, and pay
ng the amount due under the mort
gage deed of trust to the Wyoming
Galley Trust Company, described in.
laragrapli No. 2 of this decree, by de
positing with the United States Mar
shal, the bonds so held by said persons
lesiring to bid, and having credited
:hercon such sums as would be pay
lblo upon said bonds after paying
Lhe prior charges above described,
he same as if the whole amount of
said bid had been paid in cash, but
shall pay the balance of said bid in
bub so that the holder or holders of
jther bonds not participating in said
jid, but within the same class, shall
jo ratably paid; and, that thereafter
:he said United States Marshal shall
ieposit all proceeds received by him
n the registry of this court.
X.
That the sale of said premises,
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
is his Interest may be affected. And
the fund arising from the sale of said
property and premises shall bo ap
plied in accordance with the priorities
hereinbefore decreed, and the surplus.
If nny, 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.
XI.
If, after applying the proceeds of this
sale, there still remains due and un
satisfied any sum upon the mortgage
described in paragraph No. 2 of this
decree, the Wyoming Valley Trust
Company shall huve a deficiency judg
ment against The Last Chance Gold
Mining Company of Alaska for any
amount still due .under said mortgage
deed of trust; and, likewise, 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,
Lewis Porter Hammond, as trustee,
shall be entitled to a deficiency judg
ment against The Juulpa Company for
any amount remaining due and unpaid
upon the inortgnge 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
j-i. 1,111
:: THERE IS JUST ONE PLACE ::
;; and only one ;;
:: IN SKAGWAY::
* j and that's the BOARD OF TRADE. Every- j"
.. tiling your hoart desires is found here. ..
" ? We smile and welcome the stranger to the ? ?
[ | Gateway City.
;; Tuck. Elaharty, - Proprielor ??
Skaoway, Alaska ""
?HM 1 I I 1 1 II I I 1 1 1 1 111 III I it
Telephone 11 P. O. Box 490
Scandinavian
Grocery ZrZ
Wholesale and Retail Dealers in
Staple and Eancy Groceries,
Clothing, Men's Eurnishings,
Boots and Shoes
Miners' and Fishermen's Outfitting
a Specialty
HIIIIII n
: The Alaska Grill ??
The BcJt Appointed
Place in Town ? ?
; | Best of Everything: Served !!
at Moderate Prices
i +m iiiiiiiimiiHiiiiin
7
Juneau Paint Co.
Have opened their new store
next to the Mayflower Bar.
OUR SPECIALTY: PAINTING
PAPER HANGING, AND DEC
ORATING.
SIGNS: Estimates furnished
free. Jobs none too small and
none too large. |
?See Us?
McDonald & Aitken
Phone 228
; I It I I I I I I I I 11 i I 11 I II I I I I
:: Notions Notions ;?
:: The ::
iiNew Storei
HAS JUST OPENED jj
\1 next to I. Goldstein's, Front St. | \
Everytime you ? 1
; HAVE A NOTION I
? ? Call and we will supply you with ? ?
:: notions ;:
:; Mrs. A. Christopher ?:
!! Proprietor !!
I I I I I I I 11 I 11 111 1111 I 111 it
Try a |
Mecca Fizz
"Smooth as Silk"
Pabst's Blue Ribbon Beer
On Draught
AT THE MECCA
42 front st.
j CONWAY & SECREST
?
I S. H. MILLWEE |
i: lawyer i:
. > i - >
< ? < >
< > 204-205 Seward Building Juneau, Alaska < >
? >
Telephone 289
THE GENUINE
Ladies' and Gents' First Class
Cleaning, Dyeing, Repair
ing and Pressing
AU Kinds of Remodeling
All Work Guaranteed
386 Front St. Juneau, Alaska
penscs of such levy and sale as direct
ed In said decree.
HEREOF fail not, and of this writ
make due service and return.
WITNESS tho Honorable Robert W.
Jennings, Judge of said District Court,
nnd the seal of said Court affixed at
Juneau, 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, Tho Last Chance Gold
Mining of Alaska, a corporation, Tho
Juaipa Company, a corporation, and
J. Clark Hlle. Defendants In the above
entitled cause, which said property Is
more particularly described In the
nbove 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
tho forenoon of said day, and will
sell the same to tho highest and best
bidder for cash in accordance with the
terms and conditions as set forth in
tho above and foregoing writ of Exe
cution.
H. L. FAULKNER.
United States Marshal for the District
of Alaska, Division No. One.
?
PETTIT & HARVEY
Rental* and General Collection*
REAL ESTATE BROKERS
Auditing and Accounting
Agent* Northern Life Insurance Co.
Cheney Bldg. Phone 297
?III! 1 I I I I I M I I I I I I 1 III III
Worthen Lumber;;
| Mills
:: Lumber and Shingles::
Juneau, Alaska
I III 1 I I I I 1 I I H 1 1 1 I 111 I M !?
a a
R. P. NELSON
Alaska's Pioneer
STATIONERY STORE
Headquarters for all kinds of
STATIONERY
OFFICE SUPPLIES
FOUNTAIN PENS
[ All Kinds BLANK BOOKS
i DRAFTING PAPERS, EAC.
! COR SECOND & SEWARD ST.
L
:: New SPRING STOCK RECEIVED |
;; Latent atylca in SKIRTS-WAISTS the [ ]
.. very prettiest?Children'* ono-pleco ..
Dreaaca - LOTS OF NEW GOODS
- Mrs. Bern's Store - Juneau "
?l-'I-I- !? k-h--k I I I 11 I I 1 I I 1 11 1 it
W. A. Ferguson M. H. Kirkpatrick
Tiii: Buffet
Hotel Cain
nine-year-OLD BONDED
WHI8KEY
"NOTHING BUT THE BEST"
SIDE ENTRANCE
NEXT TO ELKS HALL
??????????++??*???????????
? t
< > o
< > n
<> <?
<? o
o <?
McCloskeys I
? aas <?
<> <>
0 O
< > < >
<? <.
< > < >
1 > o
O O
Phone 3-8-8 Strictly First Class
Juneau Construction Co.
CONTRACTORS
Store and office fixtures. Mission
Furniture. Planing Mill. Wood
Turning. Band Sawing.
Juneau, Alaska
?i-111111111 i n 111111 m 1111
i D R. H. V A N C E f
The
,!! osteopath::
Rooms 5 and 6 Malony Bldg. ??
? ? Consultation and Examination
I! Free. Phone 262. "
!i Graduate American Bchool of **
" Osteopathy, Klrksvllle, Mo. ??
Seven years'active practice.
Office hours, 9 to 12 m. 1 to 5 V.
!! p. m., or by appointment. ||
M-t I 1 'l"l-l' ?l"l 'l"l"| 'l |l I |
j. s. morgan
GENERAL TRANSFER
Res. Phone 3802, Day Phone 364
Stand, "Renovatory," Franklin St
I ALASKAN |
iljpOTEL
33 Juneau's Leading Hostelry 33
< ? < ?
< ? - < ?
*' Stoam heat, running hot and < ?
o cold water In all rooms?six- 3.
J3 teen rooms with bath?strictly {J
* * first class cafe?centrally locat- < ?
< ? ed?big sample rooms. Auto < ?
33 meets all steamers?rates: $1.50 3 !
* 3 per day and up?commercial * *
<> trade solicited. o
< ? < ?
33 P. L. Gemmett, Pres. & Mgr. 33
33 F. H. McCoy, Secy-Treas. 33
* ?

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