Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-08-31
Notice of Sale.
TN CIRCUIT co JRT FOR THE

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l. County OF FOND du Lac. 1T5E
Alexander Spauidng, Charles Butler and Nose.
NJ Davis, Trustees, Plaintiffs, against Fox and Wis
consin improvement Company and Abraham
B CLARK, sole surviving MORTGAGE in trust, de-
PENDANTS. .a t#t.. i4i q af
Public notice is hereby given, that by virtue and
in pursuance OF the terms and provisions and the
pewer of sale contained in certain deed o: tgaist
dat ed the first day of December, A. d. 1856, maze
by the Fox and Wisconsin Improvement Com
pany, a corporation under the laws of the State
OF Wisconsin, party of the first part Alexander
Mitchell, Charles Butler and Alexander spauIding,
parties of the second part, trustees, TO their
vivor and Survivors, successor and successors in
trust tor the uses and purposes expressed in said
deed of trust and in the OF the Legislature OF
wishonsin,in said deed referred to- and by virtue
of and pursuant to an order or Judgment OF SALE
&c, rendered in said Court the above entitled
action the fourth day of February. A. D. 1864
70 which trust deed, act and judgment, reference
Is mere made, We, the underslRntd Trustees and
Referees for sale, = all on Wedn esday, the nine
teenth day OF October. a ID. 1884, at ten O'Clock in
the forenoon OF tnat day at the ONCE or the FOX and
Niseon sin ImV rovement Company in the village OF
Appleton, in the unity Of outagamie In the State
of WISCONSIN, offer Tor sale and sell at public auc
ton to tho highest bidder, the sands, rights, inter
ests and claims, legal or equitable in lands, also
rights of way, DAMS locks, canals water powers,
works of imp rovement and appurtenances, rights,
privileges and franchises belonging 20 said compa-
ny connected with said Improvement, and prop
erty of every descripti hereinafter described
referred to, upon the conditions and in the mann@
hereafter specih d.
Notice is also given, that Moses NJ Davis was duly
appoint ed and is now trustee under said deedpf
trust, successor TO Alexander Nit chell resigned
and that the undersigned Charles Butler and Alex
ander spauldlng are two oil the parties named In
said deed parties of the second part. That
by said order or Judgment of sale, 1t Is adjudged
in be tance that he sale hereby noticed Will OPP
pass TO the purchaser or purchasers at
such SAFE ai interest in sail lands rights, proper
", franchises, &c, &c, which is represented by
said trust deed, and all which is now vested In thu
defendant Abraham r. Clark, as sole SURVIVING
mortgagee in trust under the mortgage in said
Judgment referred to, which Ia represented or in
any way passed by said mortgage; and which said
mortgage is fully set out m the complaint in this
action, is filed in the office of the Secretary of
State OF Wisconsin, and recorded in the offices of
the Regis of Deeds for the county of 0utaga-
mic and several other of the counties hereinafter
named. That by said Judgment it also appears
that the undersigned trustees, and the said Clark,
gage in trust, respectively, have in due form
been requested by the bene6ciares under said
trust deed and said mortgage TO cause sale to DO
m ade of the lands, property, franchises, &c, &s
herein Ltioned for the payment OF be tured
unpaid Indebtedness secured by said deed and
nlortSas e Eod which Ii atured unpaid Indebtedness
exists III a large amount Ihat u on the hrst day
Of sale al of the lands, property, franchises, &c
be lot sold, tAe said sale WIli be continued from
day day tSuudays eXcei ted) so long as shall be
necessary. That the said isuf5, property, iran
chises &c, viii be sold IL thc order prescribed by
the OF The Legislature OF Wisconsin, IN relation
thereto, az proved OCTOBER ), 1896, anu that the
partit.ened and selected lands which there
cert fed lists, hereinater stated will be sOldin
tracts rot exceeding $40 acres each
Notice is also given, hat the property, &c,
noticed for sal . il described in said order
or Judgment If sale follows, to-wit "All the
Bands, rig and III terests in or cisius upon orto
lands granted by Congress, III AID OF the FOX and
works Of Improvement, corporated rights, fran
ebises privileges, and all property covered by said
mat property, &c, is described in said trust
. deed a. follows, to-wIt. " All the unsold 4ands
-,rauLed TO the State OF Wisconsin 10y the several
acts resoiut tons OF Congress co aid in the i'm
provemeut OF the Fox and Wisconsin Rivers and ali
the WORKS o? Improvement, constructed or to be
construct ed said rVers ard all aud singular the
rghts OF way, dams, locks, canals, water-Powers
and other appurt OF sad WORKS, and All
rights. privileges ana franchises belonging to said
i'm proYement, aud al property of said Company OF
whatever name ami description a.a.
That sa4d property, &C, Is described in sad
mortgage. substautlally iolIo~s, % wit All the
Tonerty rights Of property and interest Therein Of
every sind and IRE of the Fox n "IscoB-in In-
provemrIlt Company, to the same extent a. tney
mentioned IN the resolutions embodied ia -aid
mortgage Taat IN said reso utIons Il ~ piovI1sd
in substance. that said mortgage be upon lands,
int crest. IN lands. &c. which embraced in the
descriptions above given, aud also be upon proper
~ described substantially as Ioiio". 70 VII on M
the properly OF sand company, whether corps rea or
incorp ereai, and on all the rights oil property oil
said company, whether legal or equitable, Ineiud-
ing the enamel water course OF the canals, the
right 81 way in the same, the locks, bridges cul-
vents, and al ana singular the "orAs pertaining
thereto bslong iug .ald conf any then made
and constructed thereafter to be made aud con-
structsd, together With the revenues OF the said
canals 20 CONSTRUCTED to be constructed and
the hydrauIic power then owned and TO be owned
by sald omlany, and al the revenues thereof
and yeuera rs ali OF tine company and,
IN ct udlng the hight OF said company to receive
from tic state of Wisconsin on the purchas. Of
I
chase mOuey 70 be paid therefor
Notes is also gives that ali OF the lands granted
TO the OF Wisconsin ~ the acts and resolu-
of Congress above referred TO- ana WINCH were
by SAID State granted 10 said company, nave not as
| vet been partitoned set apart and selected from
the lands belonging the United states that all
of sald lands are the state OF WISCONSIN. that
| MANY Of lands have been SO parutioued- sc!
aDart and selected and tie approval OF Presi-
dent OF the UuiI ed states TO the same has been
certified. lists OF Jhs lands parLltoued, set
az art seleeted nave been bied AZ ne once .
|
ters Deeds the several counties, respecbfey'
wherein auds situated; that AL OF tine IN
sold lands en- bra ced ps SAID lists TIli, Win Tn
her property described, be offered anu Soid
| at the sale hereby noticed Reference IL
here mad. to said lists. which were nled as afore-
said in the following counties, to-St- ooion. DiA
! Wausbara CaIum-t, Outagainl-, "innebaso, Mar
| alton Rirblsnd, Irem ealeau Mar4uett tlark,
! yernop Portage Fond d. Lac. juneau, Crawford,
| IsrE,on Eau Glare, Wood, Waupacca, Green
| Lake Brown, sauk, ST. CYolx, kewaunee, 0coHto,
| Chippewa, ID IN, Adams, ohawanaw, and Door ::
That for her d-scs ption of the said lands,
| aforesaid, aud the said works of improve n; ent ;,
rights OF way, dauis, locks, canals, powers,
r1gb $ privileges, franchises, prop rty, &c, refer
ence ia here made the several acts and resoI u
ton. of Congress aud OF Legislature Of Wis
cousin in relation hereto, and especially 70 the
Il acts Of the Legislature of Wisconsin in relation
thereto, APPROVED az follows tlj an act approved
July o, 1888; (2) Ell &C; approved March 81, 1890
and %, an act approved October 3, 1855:
/ That schedules giving description, as fully Al
| urac,icabIe of the property &c, to be sold, ant
a, nearly accurate may be, will De prepared an
exhibited at the time and place of sale.
Dated, Appleton, February I'D, 1854.
ALEXANDER sPAULDING,
CHARLES BUTLER, and
, MOSES n. DAVIS,
Trustees and Referees.
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