Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-03-16
Notice of Sale.
IN CIRCUIT COURT FOR THE

L County OF Fond du Lac.
Alexander Spaulding, Charles Butler and Moses
NJ Davis Trustees, Plaintiffs, against Fox and Wis
cOnsin improvement Company and Abraham
b. Clark. sole surviving mortgage in tFust, de-
PENDANTS.
Public notice is hereby given, that by virtue and
in pursuance of the terms and rroyisions ana rho
power OF sale contained in certain deed OF trust
dated the first day Of December, 4. ID. 1886, maze
by the Fox and Wisconsin Improvement Com
pany. corporation under the laws of the State
of Wisconsin, party OF the first part to Alexander
Mitchell, Charles Butler aud Alexander SpauIding.
parties OF the second part, trustees, their
FlYor ana survivors, successor and successors in
trust for the and purposes expressed in said
deed of trust and in the act OF the legislature of
Wisconsin, IN said deed referred % and ny virtue
Of and pursuant to order judgment OF sale,
&c.. rendered in said Court in the above entitled
action the fourth day OF February. 4. b. 1864.
&c which trust deed, act and judgment, reference
is mere made, we, the undersigned Trustees and
Referees Tor sale, 81 ali Thursday the fifth Gay
Of May, 4. D. 1864, ten o'clock in the forenoon
OF that day, at he Office OF the Fox aud Wscons sin
Improvement Company, in the village of. APP
plrton, in the county Of Outagamie, in the State
OF Wisconsin, offer for sale and sell at public
lion to the highest bidder the lands nights inter
ests and claims, legal equitable in lands also
rights of way, dams, locks, canals, water-powers,
works ofimprovement and apPurtenan ces, rights,
privileges and franchises belonging to said conpa-
ny connected Will Sal i'm proyement. and prop
erty of every description hereinafter described
referred to, upon the conditions and in the manner
hereafter specified.
Notice is also given, that Moses NJ Davis was duly
appoint ed and Is trustee under said deed OF
trust as successor 10 Alexander Mitchell resgnedi
and that the undersigned Charles Butler and Alex
ander sPauldmg are two OF the parties named in
said trust deed parties of the second part That
by said order judgment OF sale, it is adjudged
in substance 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
tv. fran chises, &c, &c, which Is by
said trust deed and ali which is now vested in he
defendant Abr tham b Clark, sole surviving
mortgage in trust under the mortgage in said
judgment referred to, or which is represented in
any way passed 10y said mortgage; and which said
mortgage Is fully set out IN the complaint in this
action, and Is fled in the Office Of the Secretary of
HI
the Registers OF Deeds for the county of 0utaga-
ME and several other Of the counties hereinafter
named That by said judgment it also appears
that the undersigned trustees and the said Clark,
mortgage in trust, respectively have ia due form
been requested by the benehciaries under said
trust deed ami said mortgage To cause sale to be
made OF the lands, property. franchises, &c, &c,
herein mentioned, for the payment of the matured
unpaid Indebtedness secured by said deed and
mort gage; and which matured unpaid indebtedness
exists in large amount. That if on the first day
of sale all Of the lands. property, franchises &c
be not sold the said sale will be continued from
day day Sundays excepted) so long shall be
necessary. That the said lands, property, fran
chises, &c, Will be sold in the order prescribed by
the Of the Legislature of Wisconsin in relation
thereto, approved October ), 1856, and that the
Partitioued and selected lands, OF which there
certified lists, hereinafter stated, Will be sold in
tracts Tot exceeding go acres each.
Notice is also given, that the property, &c,
hereby noticed for SALE is described in said order
judgment of sale follows, to-wit: s'An the
lands, rights and interests ia or claims upon to
lands granted by congress, IN ana OF the Fox and
Wisconsin Rivers Improvement, the water powers,
works OF Improvement, corr Grated rights, fran
chiscs privileges, and all property covered by said
trust deed, and the mortgage set out in said COM
plant"
That said property &c. is described in said trust
deed as follows, to-wIt ssAl the unsold lands
granted 20 the state Of Wisconsin by the several
80 and raecIntions of Congress to ALL in the i'm
provement Of the Fox aud Wisconsin Rivers and all
the works Of Improvement, constructed or to be
constructed said rivers and all and singular the
rights Of way, dams locks, canals, water powers
aud other appurtenauces OF said works, and all
rights, privileges and franchises belonging to said
Improvement, aud all property Of said Company Of
whatever name and DESCRIPTION"
That said property, &c, is described in said
mortgage substantially follows, to wit All the
property, rights 81 property aud interest therein OF
every kind and nature Of the Fox i Wisconsin Inn
provcment Company, to the same extent as they
/ mentioned ia the esoiutions embodied IN said
mortgage. That ia said resolutions il is provided
in substance, that said mortgage be upon lands,
teregts in lands, e. which are embraced the
description above .ycn, and also be upon proper
~ described substantially follows, 20 wit all
the rrouertv Of said COMPANY whether corporeaI or
ineorporeal, and all the rights OF property of
said company, whether legal equitable, includ-
irp the channel or wat er course OF the canals the
right Of way in the same, the locks, bridges cut
yeIts- and all and singular the WORKS pertaining
thereto and belonging to raid company then made
structed, together With the revenues Of the said
canals so constructed or 10 be constructed and
/ che hydraulic power then owned and to be owned
J by said company, and all the revenues thereof
and generally all the revenues of the company, aud,
I including the right Of said company 70 receive
from the state OF Wisconsin on the purchase OF the
{ imFr0F ement provided IN the charter the pur-
l chase money to be paid therefor
Notice Is also given that ali Of the lands granted
TO the state Of Wisconsin BY the acts and resolu-
tions Of Congress above referred TO- and which we're
bg said state granted to<aid pany, have not
yet been paTtitIoued, set apart and selected from
Che lands belonging TO the United States. that all
Of SAID lands are in the state OF Wisconsin that
{ many OF said lands have been partItioned, set
apart aud selected and the approval Of the Presl-
! dent Of the United States to the same has 6Hg1
certified. that lists OF the lands pa.titoned, set
and r eCted have been fled IN the office Of
the Secretary OF State, OF Wisconsin aud certIn ed
OF Deeds for the several counties respectively,
wherein said lands situated; that al or the un-
sold lands embraced in said lists viii, wit n he
other property above described, be offered and sold
a the sale hereby noticed Reference 8
. here made to said lists. which fled afore
said in the following counties, towit: COiuG bia,
I Wsushara, Calumet, Outagamis, Winnebago, Mar
atEou, Richland, Ireul ealsau, Marquette, Clark,
/ Vernon, Portage, Fond du Lac. Juneau, Crawford
Z jackson, Eau Clare, Wood, Waupacca, Green
Lake Brown, sauk, -. Croix, kewauner, 0conto,
Chippewa, Dunn, Adams, shswanaw, ard Door.
That for fur her desc ptIon of he said lands not
( partItionsd, set apart, selected certified as
aforesaid, and the said works OF Improvement,
rgh :, privileges, franchises, property, &c, refer
eDce is here made to the several acts aud resoiu
tons OF Congress and of the Legislature Of Wis
eousin in relation thereto, AID especially 70 the
| thereto, approved as follows % act approved
July 0, 1855 20 act approved March 81, 1885,
/ and Isl an act approved October 8, 1856:
That schedules giving description, as fully as
practicable, of the property, &c, to be sold, and
| as nearly accurate may be- will be prepared and
exhibited at the time and place of sale.
| Dated, Appleton, February 23d, 1861.
ALEXANDER sPAULDING,
CHARLES BUTLER, and
| MOSES NJ. DAVIS,
pafrr