Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-09-14
Notice Of Sale.

IN CIRCUIT COURT FOR THE COUNTY OF
! FOND DU LAC.
Alexander Spauldng Charles Butler and Moses NJ.
Davis, Trustees, Plaintiffs against Fox and Wisconsin
Improvement Company and Abraham b. Clark, sole
surviving mortgage in trust, defendants
Public notice IS hereby gwen, that by vrtus and in
pursuance Of the terms and provisions and he power
Of sale contained in certain deed OF trus lated the
first day Of December, A d. 1896, made by the Fox
and Wisconsin improvement Company, 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, as
trustees to their survivor and SURVIVORS, successor and
successors IN trust for the uses and purposes express
ed in said deed of trust and in the act OF the Legis
ture of Wisconsin in said deed referred to- and BY viz
tue OF ana pursuant to an order or judgment OF sue,
&c rendered in said county in the above entitled
u2n on the fourth day OF February, \. - 1861, to
which trust deed, act and Judgment reference is here
made, we, the undersigned Trustees and referees for
sale, shall Wednesday, the nineteenth day Of Octo-
Der, A ID 1864, at ten O'CLOCK IN inc forenoon Oh Nat
day, the Office of the Fox and Wisconsin Improve
Company in the village of Appleton, in the coun
ty Of Outlgauie in the St1te OF Wisconsin, oher for
sale sell public auction the highest bidder
the lands rights interests and claims, legal equita
bic in lands also rights of way, dans locks canals,
water powers works of Improvement and appurten-
,es, rights privileges and franchises belonging to
said company or connected with saidimprovement and
propertyof every description hereinafter described
referred to, upon the conditions and in the manner
hereafter specified.
Notice is also given, that Moses VI. Davis was duly
appointed and is trustee under said deed of trust
successor to Alexander Mitchell, resigned, and that
the undersigned Charles Butler and Alexander Spauld
ing are two the parties named in said trust deed
parties of the second part That by said order orjudg
hereby noticed will operate to pass to the purchaser
purchasers such sale, ainteres in sadlands, rights,
said trust deed aud which is vested in the de
PENDANT Abraham Il. Clark, sole surviving mOrtCs
gee in under the mortgage in said judgment
erred to- which represented in any way passed
by said mortgages and which said mortgage i fully set
out in the complaint in this action, and is filed in the
Office OF the secretary OF state OF Wisconsin ana re
corded in the Offices of the Registers Of Deeds for the
county of Ouagamie and several other of the counties
herelna er named. That by said judgment it also APP
pears that the undersigned trustees and the said Clark
MORTGAGE in trust, respectively have in due form
been requested by the benehciaTes under said trust
said mortgage to sale to be made of the
lands property franchises, &c, SC, herein mention
ed for the payment OF the matured unpaid indebted
ness secured by said deed and mortgage; and which
matured unpaid Indebtedness exists IN large amount
That on the first day OF sale all OF the lands, proper
tv franchises &C. be not sold the said sale vii be
tinued from day day Sundays eNcepted) long
shall be necessary. That the said lands, p operty
franchises &C. viii be sold in the order prescribed by
the act of the legislature Of Wisconsnin relation there
to- approved October 3 1856 and that the paritioned
and selected lands of which there certified lists
hereinafter stated, will be sold in tracts not exceed
/ ing 90 acres each.
Notice is also given, that the property, &c. hereby
noticed for sale is described in said order of Judgment
of sale as follows to wit An he lands rights and
interests claims upon to lands granted by Con
gress in aid Of the Fox and Wisconsin Rivers I'm
/ bereavement tho water powers works Of improve
meut, cprporated rights franchises privileges. and
all property covered by said trust deed, and the
mortgage set out in said complaint"
That said property, &c is described in said trust deed
as follows wit 'Ail the unsold lands anted to the
State Wisconsin by the several acts and resolutions
!
Wisconsin Rivers and all the we Ks Of Improvement
constructed a. to be constructed said rivers, and
all and singular the rights OF way, dams locks canals
waterpowers. ana other aPpnftehaces o. sald works.
and ali rights privileges, and franchises belonging TO
said Improvement and all property OF said Company
I Of whatever name and description"
That said property, Gc., is described in said mort
gage substantially a. follows, to wit All the property
rights Of property and interest therein OF every kiha
/ and nature of the Fox and Wisconsin Improvement
Company, TO the same extent as they are mentioned In
the resolutions embodied IN SAID mortgage mat IN
said resolutions is provided in substance, that said
mortgage be upon lands interests in lands &C. which
embraced in the descriptions above gwen, ana also
be upon property described substantially follows,
TO wit all the property Of said Company, whether
corporea or incorporea and all the rights # prop
ery Of said Company, whether gal equitable, in
Guiding the channel water course Of the canals the
right of way in the same the locks bridges culyerts
and all and singular the works pertaining thereto and
belonging to said company then made and constructed
ar thereafter to he made and cons yucted together
with the revenues Of the said canals constructed
to re constructed and the hydraulic power then owned
and to be owned ny SAFE; company and all the reye-
company and including the right Of said company
receive from the Of Wisconsin, the purchase q
/ chase money be paid therefor.
Notice IS also given that all the lands granted to
the State Of Wisconsin by the acts ard resolutions Of
Congress- above referred 10, and which were BY said
state granted I" said Company have not as yet been
parttioued apart and selected from the lands be
longing to the United states; that ali Of said lands
in the State Of Wisconsin; that many OF said lands
have been so partitioned apart and selected and
the approval Of the President Of the United states 20
the has been certified that lists OF the lands 50
partioned apart auj selected have been filed m
the office Of the Secret qry Of SAFE Of Wisconsin and
certified copies sts fled in the Office OF the
Registers of Deeds for the several counties respective
~ wherein said lands situated that all OF the IN
sold land embraced in said lists w with the other
property above described, be offered and sold at the
sale hereby noticed. RefererCe is here made TO said
lists which LIed af asaid in the following
! counties TO Wit: Columbia, Waushara, Calumet,
/ Outagauie WinntbaE,o, Ma -athon, Iichland Trem-
peaeau Marquette, Clark, Vernon, Portage, Fond du
Lac juneau. Crawford. Jackson Eau Claire, W wood,
y aupacca Green Lake. Brown, Sauk. s. CroiT. ke-
4 uauuse. Ocouto, Chippera, Dunn Adams, Shawanaw.
and Door: That for further description Of the said
lands partisiousd apart selected and certified
a. Aforesaid the said works Il Improvement, rights
Of way. dams, locks canals water-p'oHcTs rights,
privileges franchises property &C. reference Is here
made the several acts and resolutions Of Congress
and Of the legislature II Wisconsin IN relation there
TO- and especially the acts Of the Legislature Of
wisconsin in relation thereto, approved follows
10 an act approved July g. 1913; (2} act approved
+ March 81, 1873 and ~ an act approved octob-r 3,
I 1856.
That schedules giving description. fully practi-
cable Of the property, &c TO be sold, and nearly
accurate may be, viii be prepared and exhibited at
( the time and place Of sale.
I Dated Appleton, February 23d 1854
ALEXANDER SPAUL9INGt
CHARLES BUTLER, and
J MOSES 81. DAVIS.