Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-04-06
Notice of Sale.
IN CIRCUIT COURT FOR THE

Alexander Spaulding, Charles Butler and Moses
NJ Davis TRUSTEES, Plaintiffs against Fox and Wis
consln Improvement Company and Abraham
B. CLARK, sole surviving mortgage in trust, de-
PENDANTS
in pursuance of the terms and provisions and the
power OF sale contained in a certain deed of trust
dated the first day of December, A. D. 1886, maze
by the Fox aid Wisconsin Improvement Com
pany, a corporation under the laws of the State
of Wisconsin, party Of the first part 20 Alexander
Mitchell, Charles Butler and Alexander Spaulding,
parties of the second part. trustees, their
viyor and survivors, successor aud successors in
trust for the uses and purposes expressed in said
deed OF trust and in the Of the Legislature of
Wisconsin, in said deed referred to and by virtue
Of and pursuant 70 an order or iudgmeut of saIa
&c, rendered in said Court in the above entitled
action on the fourth day of February, A. d. Is64
&c which trust deed, act and judgment, reference
Is Eere made, we, the undersigned Trustees aud
Referees for sale, s. all Thursday, the fifth day
OF May, n D. 1854, at ten o'clock in the forenoon
of that day, 1.-THE office OF the Fox and Wisconsin
improvements Company, in the village Of APP
pleton, IN the county OF Outagamie, in the State
OF Wisconsin, offer for sale and sell at public auc-
ton to the highest bidder, the lands, nights, inter
ests and claims, legal or equitable in lands, also
rights of way, dams, rocks, canals, water powers,
works Of imp ROY ement and appurtenances, rights,
privileges and franchises belonging said compa-
ny connected with said Improvement, and prop
erty Of every descrp hereinafter described or
hereafter specified.
Notice is also given, that Moses NJ Davis was dufv
appointed and is trustee under said deed OF
trust, as successor to Alexander Mitchell resigned:
and that the undersigned Charles Butler and Alex
ander Spaulding two OF the parties named in
said trust deed parties of the second part. That
by said order judgment &C 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
ty, fran chises, &c, Ike, which is represented by
said trust deed, and all which is vested in the
defendant Abraham b. Clark, sole surviving
mortgage in trust under the mortgage in said
judgment referred to or winch is represented or in
any way passed by said mortgage and which said
mortgage is fully set the comp Iaint in this
action, and is filed in the office Of the Secretary
state OF Wisconsin, and recorded the offices of
the Registers Of Deeds for the county of Outaga-
ME and several other Of the counties hereinafter
that the undersigned trustees, and the said CLARK
MORTGAGE in trust, respectively nave in due form
been requested by the benefciaries under said
trust deed and said mortgage to cause sale to be
made Of the lands, property, franchises &c, &c,
herein mentioned, for ths payment of the matured
unpaid Indebtedness secured by said deed aud
mortgage; and which matured un aid Indebtedness
exists IN large ano unit Ihat II on the hrst- day
OF sale all OF the lands, property, franchises, 6c,
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
cises &c, viii be sold in the order prescribed by
the OF the Legislature OF Wisconsin in relation
thereto. approved October ), 1856, and that the
partitioned and selected lands, of which there are
certified lists, hereinafter stated will be sold in
tracts not exceeding $40 sres each.
Notice is also given, that the property, &c,
hereby noticed for sale, is described in said order
or judgment Of sale as follows, to-wit: EsAH the
lands rights and interests in claims upon to
lands granted by Congress, in aid of the Fox aud
Wisconsin Rivers improvement, the water-powers,
WORKS OF Improvement, C0TpQEaLtu rlgu'S, ran
chises, privileges and all property covered by said
trust deed, and the mortgage set out in said com
plaiut-''
That said property, &c, is described in sad
deed as follows, to-wit: An the unsold lands
granted to the State of Wisconsin by the several
acts and resolutions Of Congress TO aid in the i'm
proveIneut OF the Fox and Wisconsin Rivers and all
the works of improvement, constructed or to be
construct ed on said rivers and all and singular the
rights Of way, dams, locks, canals, water-powers
aud other appurtenances of said works, and all
rights privileges and franchises belonging TO said
r.r.F4a of ynf
whatever name and description"
That said property, &c, is described in said
mortgage substantially as follows, ." wit All the
property rights OF property and interest therein OF
every kind and nature OF the Fox IL Wisconsin I'm
proyement Company, to the same extent as they
mentioned ia the resolutions embodied IN said
mortgage. That "a said resolutions II 10 provided
in INSTANCE that said mortgage be upon lands,
IN terests ia lands, &c, which are embraced IN the
descriptions above given, and also be upon proper
ty described substan TALLY follows, TO wit ali
the property of said company, whether corporal
incorporeaI and O. all the rights OF property of
said company. whether legal equitable, inciud-
ing the channel or water course of the canals, the
right OF way in the same, the locks, bridges, cul-
verts, and all and singular the works pertaining
thereto and belonging 10 said company then made
and constructed thereafter to be u ade and con-
structed, together With the revenues of tne said
canals constructed or TO be constructed and
: he hydraulic power then owned and to BE- owned
by said COMPANY and all the revenues thereof
and generally all the revenues Of the company, and,
from the state II sconsIn on the purchase OF the
Improvement - provided in the charter, the pur-
chase money - be paid therefor
Notice is given that all OF the lands granted
o the state Of Wisconsin BY the acts and resolu-
tlonz Of Congress above referred to, and which
by said state granted said company, have not
vet been partitioned, set apart and selected from
tLe lands belonging 10 the United states, that al
OF said lands in the State OF Wisconsin; that
a.auy of said lands have been partitioned. set
ar and selected and the approval Of the Presi-
dent OF the United States to the same has been
certified that lists of the lands parttioned, set
apart and selected, have been fled in the ONCE OF
the Secretary of State, OF Wisconsin, and certified
copies Oh lists sled in the Off OF the X sels
tiers Deeds for the several counties, respectively
wherein said lands tuated that all OF the uI
sold lands EN- braced in said lists VIII, WITH the
o: her urouerty above described, be offered AMI sold
~ the sale hereby noticed Reference IS
here made said lists, which were hisd As atore-
saiI IN the following counties, to-wlt. Columbia,
WaasbaTa, Calumet, Outaganai-, "Innes5agc, Mar
athon RichIand, Trem peaIeau, Marquette, Clark,
Vernon. Portage, Fond du Lac. juneau, Crawford,
Jackson, Eau Claire, Wood, Waupacca, Green
Lake Brown, Sank, ST. Croix, Kewaunee, Ocorto,
Chippewa, Dunn, Adams, shawanaw, and Door
for further description of the said lands, mot
partitioned, set apart, selected and certified as
aforesaid, and the said works of improvement,
rights Of gay, dams, locks, canals, water-posers
r1gh privileges, franchises, property &c, refer
enee is here made TO the several acts and resolu
ssJns OF Congress and Of the legislature OF Wis
consin in relation thereto, anu especially to the
acts of the Legislature of Wisconsin in relation
thereto, approved as follows a. an act approved
July g. 1858; CD act approved March 81, 1885,
and l3} an act approved October 3, 1856:
That schedules giving description, an fully as
As nearly accurate may be, will be prepared and
exhibited at the time and place of sale.
Dated, Appleton, February 23d, 1885,
ALEXANDER sPAULDING,
CHARLES BUTLER, and
MOSES II. DAVIS,
Trus tees and