Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1864-10-18
NOTICE OF SALE!

N
In Circuit Court for the County OF Fond dbl Lac
Alexander Spaulding, Charles Butler and Moses X.
Darts, Trustees, Plaintiffs, against Fox and WipcOnsin
Improvement Company and Ahrahsm b Cara, sole
surviving mnrtgagee IN trust, defendants.
Public notice is hereby given, that by virtue and In
pursuance OF the terms and provisions and the power
Of sac contained in certain deed Of trust dated the
first day of December A. d. 1885, made by the Fox and
Wisconsin improvement Company, corporation under
the laws o the State IF Wisconsin, party the st part
70 Alexander Mitchell, Charles Butler and Alexander
Spanldng parties of the second part, trustees to
their survivor and survivors, and
in trust for the and purposes expressed in said
deed Of trust and in the OF the Legislature Of Wis
eonsn, in said deed referred 70; and by virtue of and
pursuant to order Judgment OF sale, &C. render
Ell in said Court in the sbovs entitled action on he
fourth day Of February, A. d. 1864. TO which trust
deed act and Judgement reference is here made we
The undersigned Trustees and Referees for sale. shall
on Wednesday, the - day of0etober, d. 1864 at ten
O'Clock IN the forenoon Of that dav, AT the office OF the
Fox and Wisconsin Improvement Company ia the viii
age OF Appieton in the county Of ORtaeen ole. 10 the
State ~ Wisconsin,, otfe- for sale and sell at public
auction 70 the highest bidder. the lands. rihts inter-
ess and claims, legal equitable in lands also rights
% way, dams, locks, canals, waterpowers, works of
improvement and appurtenances rights privileges aud
franchises belonging TO said company con neced viii
sale improvement, and property of every description
leinaer described or referred 10 upon theeonaiiions
srd in the manner hereafter specified
Notice is also given, that Moses Davis was duly
appointed and is now trustee under said deed oE tusi
as successor Alexander Mitchell resigned aud that
the undersigned Charles Butler aud Alexander sn ud-
ing of the parties named Tn said trust deed
parties OF the second part. That by said order dIg
meut of SALE il is adjudgei in substance that be sale
hereby noticed will operate pass to the pn'cbaer0r
purchasers at such sale, all interest Ia said lands,
rights properly, franchises &c, &c, which j. repre-
scented by said tr1st Deed and all which IL vested
in the 1eodant Abraham B. CLARK, sole surviving
mortgag ia trust under the mortgage 10 said judg
ment efelred to- winch is represented or any way
passed by said mortgage and which said mortgage is
fully get out In thecompmnt in thisaction and 5.ed
in the Office of the Secretary of State of Wisconsin,
and recorded in the Offices OF tie Register of Deeds
Qf md III IMP NJ
counties hereinafter named. That by said juGgrut II
appears that the undersigned trustees, rpd he
said CLARK, mortgage "a trust, respectively, have in
due FORA been requested by the benehcaes under sad
trust deco aud said mortgage TO cause sale 10 be made
of the lands. property. franchises, &c, &c, herein
mentioned, Tor the payment of the matured unpaid
indie, tednesssecured By said deed and mortgages aud
which matured unpaid Indebtedness exists in largt
amount. That II the hrst cay ofsale all OF the
lands, property franchises. &c. be not sold, tbe said
sale will be continuedfr day 10 dav SUNDAY except
edl long shall be necessary That the said lands,
propert9, franchises, &c., Will be sold in the order
prescribed oy the act OF the Legislature Of Wisconsin
ia relation thereto approved October 8, 1855, snd hat
the partioned and selected lands OF which there
as hereinafter stated viii besold tracts
Notice is also given, that the property. &c, hereby
notice for SALE is described said order Judgment
of sale follows to wits -'Ail lie lands, r,gh;s and
interests in claims upon 10 LANDS granted byCon
gress in aid of the Fox and Wisconsin Rivers Improve
ment, the waerpowers, works ofimproyemeut. corpo-
rated rights, franchises, privilege and all property CO.
said complaint"
That said property &c. sdescrbed said trust deed
follows. to-wit: All the unsod lanes ,anted the
Stale of Wisconsin, by the acts and resolutions
of Congress aid 10 the Improvement or the Fox and
Wisconsin Rivers and al the works OF imp ovement,
constructed to constructed said rivers aud all
and singular the rights way dams nails water
powers and other apPurenanees of said works. and all
rights privileges aud franchises belonging to said i'm
prOyement and all property OF said Company ofwhat-
ever name and description.
That said property, &c, is described in said mort
gage substantially follows, o-wit: All the property
rights of property and interest therein OF every kind
and nature of the Fox and Wisconsin Improvement
Conn any, to the extent they mentioned in
the resolnt ons embodied in said mortgage That ia
resolutions il Is provided i'll substance, that sau
mortgage BE- upon lands, Interests 10 lands &c. which
are embraced in the descriptions above given and also
be Upon property described substantially follows, TO
wit: all the property OF said company, whether
oreal incOrporea and all the rights OF prop
ertg of said pany, whether legal eqpitable, in
Guiding the channel water OF the canals the
right of way in the same, the locks, bridges, cuyerts
aud all and singular the works pertaining thereto aDC
belonging 10 said company then ma lie and constructed
Or thereafter to be made and constructed, together
with the revenues of the said canals constructed
to be constr ueted; and the hydraulic power then
ed and to be owned by said company, and all the reve
nues thereof and generally all the revenues OF the
company, and, including the right of said company q
receive from the State of Wisconsin the purchase
of the Improvement provided in the charter, the
pRrchase money TO oe paid therefor.
Notice is also ive that all of the lands Granted to
the State Of Wisconsin by the acis and resolutions Of
SuuEftks ABOVE fclffIeu anu Wutcn were b1 HNly
State granted to said company, have not as e been
paTtitoned. apart and selected from the lands be-
longing the United States that all Of said lands
in the State of Wisconsin; that many Of said lands
have been partoDed set apart and selected and thu
approval of the President OF the United States TO the
has been ceftied that lists of tbe lands par
titoned set apart and selected have been fled 10 the
office OF the Secretary of State Of Wisconsin, end Ger
tilted copies Of sucn lists filed in the oce OF the
Registers of Deeds for the several counties respective
Is wherein said lands situated; that all OF the I'M
sold lands embraced IN said lists will, with the other
prop, rty above descrb d. be offered and sold at the sale
hereby noticed. Reference is here made said lists
which filed aorsaid in the following counties
to-wit: Columbia, Waushara, Calumet, Outagamie
Winnebago, Marathon, Rchland, Trempeauleau. Mar.
que te Clark Vernon, Portage, Ford 1u Lac, Juneau
Green Lake, 3rown, Sank, st. Croix, Kewaunee Ocon
IN. Chippe va, Dunn Adams, Shawanaw, and Door,
That for further description OF the said lands not par
ttionad set apart, selected and certified aforesaid
and the said works OF Improvement, rights OF way
dams, locks, Canals water powers, rights privileges
franchises property &e. reference is here male 10 ID
several acts aud resolutions of Congress and OF the
gslature of Wisconsin relation thereto, and espe
cay to the acts Of the Legislature Of Wisconsin in re
latiou thereof approved follows: q an act appro
we'd July 6, 1852 "a an acl approved March 81, 1898
and (3) an ACT approved October 3, 1856.
That schedules giving descript ous fully pract
cable, Ut the property &c 10 DC sold, and as naar
accurate NAV b., will be prepared and exhibited
the time and place OF SALE
Dated Appleton, February 23d, 1854.
ALEXANDER SPAULDING,
CHARLES BUTLER, and
MOSES NJ DAVIS,
Trustees aud he 'erees.
STEVENS & LEWIS, Plaintiff Attorneys.
lots Madison, Wis.