Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-10-12
Notice OF Sale,
Tn CIRCUIT COURT FOR THE COUNT

Alexander spaaldng, Charles Butler and Moses NJ.
Davis, trustees, plaintiffs, against Fox and Wisconsin
/ lmprovement Company and Abraham b. Clark, sole
! surviving MORTGAGE in trust, def. ndants.
Public notice is hereby given, that by virtue in
Of sale contained in a certain trust dated the
/ first day of December, \ D. lS56, made by the Fox
and " Wisconsin Improvement Company, corporation
under the laws of the Wisconsin, party OF the
first part, to Alexander Mitchell, Charles Butler
hexander Spauiding, parties of the second part,
trustees, their survivor and survivors, successo and
=ucc ssors in trust for the AND purposes express
ed IN said deed of trust and in the the Legisa-
ure 81 sconSn in said deed referred to- and by vir
tue of and pursuant an order Judgment of ne
6c rendered in said county in the above ented ac-
ton on the fourth day of February, \. u. 1854 to
which trust deed, act and judgment reference is here
made, We, the undersigned Trustees and Referees for
ile shi on Nednesday, the nInet zenith day of Octo
Der, y 1854 at ten O'Clock ia the forenoon of that
day. at the Office of the Fox ard Wisconsin Improve
hct onIany IN the village OF Appleton, IN the coun-
ty Of Ont 'mie in the st tie OF Wisconsin, offer for
sale ana sell at public auction to the highest bidder
tue ids nights Interests and claims legal eQuita-
bic IN lands, also rights of way, dams, locks canals
! water powe :, works Of Improvement and appurten-
ances rights, privileges and franchises belonging
said company or connected with said Improvements and
properly every description hereinafter described
referred TO, upon the conditions and IN the manner
| hereafter specified.
| Notice is also given that Moses n Davis was dulv
appointed and is trustee under said deed of
as successor to Alexander Mitchell, resigned that
the undersigned Charles Butler and Alexander Spaud
ing are two of the parties named in said trust deed
parties OF the second part. That by said order or iud
heht OF sale ii Is adjadged IN substance that the sale
hereby noticed will operate pass the purchaser or
purchasers such sale Interest in said lands rights
property franchises &c, &c, which Is represented by
sand trust deed, and all which is vested the de
PENDANT Abraham B. Clark, sole surviving mort ga
gee IN trust under the mortgage in SAID judgment
ferred which represented IA any way passed
by said mortgage; and which said mortgage Is fully sci
out IN the complaint IN this action and is filed in the
office of the Secretary Of State Of Wisconsin, and re
corded in the Offices Of the Registers of Deeds
county Outagame several other of the counties
hereuaft named That by said Judgment it a sa an
peas that the undersigned trustees and the said Clark
mort gagee in trust respectively have in due form
~ Len said
deed and said mortgage sale be made of the
| lands propertv franchises e. Sc herein Tna,tfI',
ed, for the payment Of the matured unpaid indebted
matureI unnaid in debt ednese ,fxsts in : lr@ .
That if on the first day Of sale all If the lands propr
tv, franchises &C. be sold the said safe vii he con
tinued from day to day Sundays excepted so long a.
franchises &c, wi be sold in the order prescribed M
the the legislature Wisconsinin relation there
to- approved october 3. 1886, and that the paritoncd
and selected lands, of which there certified lists
a hereinafter stated, will be sold in tracts exceed
! ing go acres each.
Notice is also given, that the property &c hereby
noticed for lie, is described in said order Of in urt
Of sale as follows to wit IAN he lands, rights
/ Sress, in aid Of the Fox and Wisconsin Rivers In.
| provcrncnt, thu water powers, works Of improve
nent c'rPorated rights, franchises privileges, AMI
! all property covered by said trust deed, and the
mortgage set out in said complaint
That said properly, is described in said deed
as follows, to wit 'Allthe unsold lands 0 the
State of Wisconsin by the several and resolutions
o congress 70 ana IN the Improvement of the Fox and
Wisconsin Rivers and all the Is OF Improvement
constructed or to be constructed said rivers and
all and singular the rights al way, dams locks canals
and all rights privileges. and franchises belonging to
said Improvement and all property of said COMPANY
! of Whatever name and desert ption."
That said property, &c, is described in said mort
gage Substantially as follows to wit: All the ,,rorerty
rights of property interest every kind
/ and nature of the Fox and Wise usin Improvement
Company 10 the same extent as they are mentioned j.,
the resolutions embodied in said mort gage That In
sail resolutions it is provided in substance that said
mortgage be upon lands, interests in lands &C. which
lara etrlra inf ,,af ,-al,,t-
be upon property described substantially as follows
to wit ON all the property Of said Hompaay whether
corporea! or incorporeal and on all the rights of prop
erty Of said Company. whether legal or e,yuable in
gliding the channel water of the canals The
right OF way in the same the locks, bridges culverts
ii an anu me WORKS pertaining thereto and
belonging to said company then made and constructed
or thereafter TO be made and ructe ed together
with the revenues Of the said canals constructed or
to be constructed; and The hydraulic power then owned
and TO be owned by said company, and all the
nuts 'i'etS'i ana generally the revenues Of the
company and, including the right of said company 10
receive from the State of Wisconsin on the purchase Of
the improvement provided in the charter the mr.
chase money to be paid therefor.
Notice is also given that all the lands granted To
Congress, above ferred to and which were +, sai5
state granted to said Company have as yet been
lafttloned set apart and selected from the lands be
longing the United States; that all of said land are
in thu State Of Wisconsin; that many of said lands
nave been - partifioned, set apart and Ecctc
the approval of the President Of the United states t.
the same has been certified that lists OF the land. SO
partioned, set apar; and sci ctcd have been fled i'm
the Office Of the Secretary Of SAFE Of Wisconsin and
certified copie Of such lists are filed in the ice Of the
Registers of Deeds the several counties re-uecti-
ly, wherein said lands situated that the ur-
sold lands embraced in said lists will with the other
property above described, BE- offered and sold NJ the
sale hereby noticed. Reference is here made said
lists which We're filed aforesaid in the following
I counties, to wit: Columbia. Waushara Calumet
oufaganlie, " innebago. Marathon Richlaud Trem-
peaeau Marquette, clark, Vernon, Portage. Fond.du
Lac, Juneau, Crawford, jackson. Eau Claire Wood.
" aupaecs, Green Lake. Brown, Sank. II. CrpiN he
waunee, ocouto, Chippewa. Dunn Adams ~layran w
ana Door: That for further description Of the said
lands not partitioned, apart selected and certified
as aforesaid, and the said works Of Improvement rights
ot way, dams, locks canals water-powers rights
privileges, franchises property &C. reference Is here
maze the several acts and resolutions Congress
ana OF the Legislature Of Wisconsin in relation there
20 anu especially 10 the the Legislature Of
Wisconsin IN relation thereto approved follows -
81 an act approved July Is, 1853: i2l an act anuroyei
1885. - -
That schedules giving description - f " as nrarti-
cable, OF the property &c. sold and a. nearly
accurate as NAV be- will he prepared and exhibited M
the time and place Of sale
Dated, Appleton. February Esd 1861
ALEXANDER SPATLUING
CHARLES BUTLER. and
MOSES ". DAVIS
Trustees and Referees