Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-03-09
Notice of Sale.
TN CIRCUIT COURT FOR THE

IN CIRCUIT COURT FOR THE
l. County OF Fond du Lac.
Alexander Spauldng, Charles Butler and Moses
NJ Davis. Trustees, Plaintiffs, against Fox and Wis
consin Improvement Company and Abraham
b Clark, sole surviving mortgage in trust, de-
PENDANTS.
Public notice is hereby given, that by virtue and
in pursuance of the terms aud provisions and che
power OF sale contained in certain deed OF trust,
ted the first day of December, A. ID. 1880, maze
by the Fox aud Wisconsin Improvement Com
pany- "a corporation under the laws of the State
Of Wisconsin,, party Of the first part to Alexander
Mitchell, Charles Butler and Alexander Spaulding,
parties of the second part trustees to their
NiYor AMI survivors, successor and successors in
trust for the uses and purposes expressed in said
deed OF trust and in the act of the Legislature of
Wisconsin,, in said deed referred to by virtue
of and pursuant to an order or Judgment of sale,
&c, rendered in said Court in the above entitled
action the fourth day of February A. ID. 1864,
10 which trust deed net and Judgment reference
is here made, we, the undersigned Trustees and
Referees tor sale, $ all Thursday the fifth day
of May, 4. d. 1864, at ten O'Clock in the forer
OF that day, at the Office OF the Fox and Wisconsin
Improvement Company, in the village OF APP
pIeton, IN the county of outagamie, in the State
of Wisconsin, offer tor sale and sell at public
ton TO the highest bidder, the lands nights inter
ests and claims, legal or equitable IN lands, also
rights of way, dams, locks canals, water-powers,
works of improvement and appurtenance s, rights,
privileges and franchises belonging to said coupa-
ny connected with said improveme emit, and prop
erty Of every desert ton hereinafter described
hereafter specified.
Notice is also given that Moses VI. Davis was duly
aproint ed and is trustee under said deed of
trust, as successor to Alexander MitcRu resigned;
and that the undersigned Charles Butler and Alex
auder Spauldlug are two of the parties named in
said trust deed parties Of the second part That
bY said order or judgment OF sale, it is ddjudged
in ubstance that the sale hereby noticed will op
crate to pass to the purchaser or purchasers At
such sale, all interest in said lands, rights proper
ty, fran chises, &c, &e, which is represented by
said trust deed and all which is now vest m the
defeu daut Abraham b. Clark, sole surviving
mortgagee in trust under the mortgage IN said
judgment referred TO, which is reprcs suted or in
any way passed by said mortgage; and which said
mortgage Is fully set out IN the complaint in this
action and is filed in the Office the Secretary of
State OF Wisconsin, and recorded in the offices OF
the Registers Of Deeds for the county Of 0utoga-
ME ana several other Of the counties hereinafter
named That by said judgment it also appears
that the under sign ed trustees and the said Clark,
mOrtgagee in trust, speclYely, have in due form
been requested by the beuefeiaries under said
trust deed and sald mortgage 10 cause sale TO De
made of the lands, property, franchises &c, &c.,
herein mentioned, for the pawn ent of the matured
unpaid Indebtedness secured by salu deed hHd
mortgage: and which matured un paid indebtedness
exists in large amount That II on the first day
Of sale all of the lands, property, franchises, &c,
be not sold the said sale will be continued from
day 20 day Sundays eXcepted) so long as shall be
necessary. That the said lands, property, fran
chises &c, will be sold in the order prescribed by
the act of the Legislature of Wisconsin, in relation
thereto, approved October ,, 1856, and that the
partition ed and selected lands, of which there
certified lists hereinaf stated, will be sold in
tracts lot exceeding GAO acres each.
Notice is also given, that the property, &c,
hereby notice for sale, is described in said order
or judgment OF sale as follows, to-wit: can the
lands, rights and interests in claims upon or to
lands granted by Congress, in aid Of the Fox and
Wisconsin Rivers Improvement, the water powers
works OF Improvement, corporated rights, fran
chises privileges, aud all property covered by said
trust deed, snd the mortgage set out III said COM
plaint.'
THAT said property, &c, is described in said trust
decd a. follows. to-yit All the unsod lands
granted to the State of Wisconsin by the several
acts and reso buttons of Congress to aid in the luz
provenent OF the Fox and Wisconsin Rivers and all
the works of Improvement, constructed To De
CONSTRUCTED said rivers, and all and singular the
rights of way, dams, locks, eapais, water powers
rights privileges and franc hses belonging % said
impro vement aud all property Of said Company Of
whatever name and description"
That said property, &c, is described in said
mortgage substantially as follows, to wit: All the
property rights Of property and interest therein OF
/ ayery kind and nature of the Fox & Wisconsin I'm
proyement Company, to the same extent as they
are mentioned in the resolutions embodied in said
mortgage. That in said resolution II Is provided
/ ia substance that said mortgage be upon lands,
interests in lands, &c, which embraced in the
descriptions above given and also be upon proper
ty described substantially as follows to wit on all
the property OF said company, whether cofporeai or
incorporeal, and all the rights OF property OF
said company, whether legal O. equItaoie lheiua-
ing the channel water course OF the canals, the
right Of way in the same the locks, bridges, cnl-
: verts and all and singular the works pertaining
[ thereto and belonging to 'aid company then made
aud constructed or thereafter to be made and con-
atruct ed. together with the revenues of the said
/ canals so constructed or to be constructed ard
+ The hydraulic power then owned and to be owned
/ Nv ia company and all the revenues thereof !;
and generally ali the OF the company, aud,
4 including the right of said company to receive
from the state Of Wisconsin the purchase of the
{ Improvement as provided in the charter, the pur-
. chase money to be paid therefor
Notice is also given that all of the lands gran ted
to TIE state OF Wisconsin BY the acts and resolu-
lions Of Congress above referred to- and which ere
by State granted to said company, have not as
vet been partitioned set apart and selected from
the lands belonging to the United States. that all
Of said lands are in the state OF WISCONSIN; that
many Of said lands have been sc partitioned, set
apart aud selected and the approval Of the Presi-
dent OF the United States TO the same has been
certified; iists OF the lsods partitoned, set
apart and selected have been fled in the ofice OF
the Secretary Of state Of Wisconsin. and certified
copies lists Med IN the cce Of theRsgis
ters OF Deeds for the several counties, respeetYe
wherein said lands situated; thai all Of the IN
/ sold lands braced in said lists will, with the
other property above described be offered and SOLO
f AZ the sale hereby noticed. Reference u
here m said lists. which were filed as aiore
{ said in the following counties, to-wst Co4un Ola,
I Wausbara, Calumet, Outagami- Winnebasc, Mar
F athon, RichIand, 1renp ealeau, Marquette, CLARK
Vernon, Portage, Fond du Lac. Juneau, crawford
| lack ar Eau Clare, Wood Wanpaces, Gre~I
Lake Brow, ssuk, ST Croix, kewaunee. Oe"Eto
Chippewa, Dunn, Adams, shswanaw, and Door
That for further desc iption of the said lands
partitioned, Fet apart, selected and certified a
, + aforesaid, and the said works of improvement
rights of way, dams. locks, canals, water-powers
nigh privileges, franchises property, &C., refer
ence il acre made TO the several acts and resolu
! tons Of Congress and OF the Legislature OF WIS
sin in relation thereto. and especially TO IN
acts Of the Legislature of Wisconsin IN RELATION
thereto, approved az follows tl) an act approve
Z July 9. 1855; % act approved March 81, $500
, and 30 all act approved October 8, 1856
/ That schedules giving description, as fully
I practicable, Of the property, &c, to be sold, an
: rearly accurate as may be, will be prepared an
: exhibited at the time and place of sale.
G Dated, Appleton, February 23d, 1861.
!, CHARLES But Err, and
: MOSES ". DAV 3,
!. Trustees and Referees.
:et,