Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-04-20
Notice of Sale.
IN CIRCUIT COURT FOR TILE

N OOOh rOh III
i County of Fond du Lac.
Alexander Spaulding, Charles Butler and Moses
NJ Davis, Trustees, Plaintiffs, against Fox and Wis
consin Improvement Company and Abraham
b. Clark, sole surviving mortgage in trust, de-
PENDANTS.
Public otice is hereby given, that by virtue and
in pursuance of the terms and provisions and the
power OF sale contained in q certain deed OF trust
dated the first day of December, A. D.. 1856, mase
by the Fox and Wisconsin Improvement Com
pany, 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
viyor and survivors, su ccessor and successors in
trust for the 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 to order Judgment of sale,
&c., rendered in said Court in the above entitled
action the fourth day of February, A. d. 1864,
&c which trust deed, act and judgment, reference
Is mere made. We, the undersigned Trustees aud
Referees tor SALE 81 all Thursday, the fifth day
of May, A. ID. 1864, at ten o'clock in the forenoon
of that day at the Office of the Fox and Wisconsin
Improvement Company, in the village Of APP
Pleton, in the county OF outagamie, in the State
of Wisconsin, offer for sale and sell at public
ton the highest bidder, the lands rights, inter
ests and claims, legal equitable in lands, also
rights of way, dams, locks, canals, water-powers,
privileges and franchises belonging said compa-
ny connected with said Improvement, and prop
referred to, upon the conditions and in the manner
hereafter specified.
Notice is also given, that Moses NJ Davis was dLiy
appointed and is now trustee under said deed Of
trust as successor Alexander Nit chell resigned;
A.
ander Spaulding are two OF the parties named in
said deed parties of tie second part. That
by said order or Judgment of sale, 1t is adjudged
distance that the sale hereby noticed will OPP
crate to pass to the purchaser or purchasers at
such safe, all interest in sud lands rights, proper
ty, fran chlses, &c, &c, which Is represented by
said trust deed, and all which is ed IL the
defendant Abraham b. Clark, sole surviving
MORTGAGE in trust under the mortgage in said
judgment referred to. which is represented in
any way passed by said mortgage; and which said
mortgage is fully set out In the complaint in this
ptin a &c lied in he off Of he of
State of Wisconsin,, and recorded in the offices of
the Registers Of Deeds for the county of Outaga-
mie and several other OF the counties hereinafter
named. That by said judgment it also appears
that the undersigned trustees, and the said CLARK,
mort gasee in trust respectively, have in due form
been requested by the henefciaries under said
trust deed and said mortgage to cause sale to be
made of the lands, property, franchises, &c, &c,
herein mentioned, tor the payment OF the matured
unpaid Indebtedness secured by said deed and
mort gage; and which matured un paid Indebtedness
exists IN large aIno unit Ihat II or the hrst day
of sale all of the lands property, franchises, &c,
be not sold, the said sale will be continued FROM
day TO day Sundays excepted) so long as shall be
necessary. That the said lands, property, fran
chises, &c, viii be sold in the order prescribed by
the act of the Legislature of Wisconsin in relation
thereto approved October 3, 1856, and that the
parttioned and selected lands, of which there are
certified lists hereinafter stated, will be sold in
tracts not exceeding $40 acres each.
Notice is also given, that the property, &c,
hereby noticed for sale is described in said order
or Judgment of sale follows, to-wit: g All the
lands, rights and interests in claims upon to
lands granted by Congress, in aid of the Fox and
works of improvement, corporated rights, fran
chses, privileges, and all property covered by said
trust deed, and the mortgage set out in said com
plant"
That said property, &c. is described in said
deed IA follows, to-wit: 81 All the unsold lands
granted to the State of Wisconsin by the several
acts and resolutions of Congress to aid in the inn
proven of the Fox and Wisconsin Rivers and all
the ks of improvement, constructed or to be
construct ed said rivers, and all and singular the
rights of way, dams, locks, canals, water-powers
and other appurtenances of said works, and all
Improvement, and all property of said ConPaDy OF
whatever anne and description"
That said property, &c, is described in said
mortgage substantially as follows, "a wit All the
property rights Of property and interest therein Of
every kind and nature of the Fox " Wisconsin I'm
proyemenu Company, to the same extent they
are mentioned in the resolutions embodied in said
tgage. That in said resolutions it is provided
in substance that said mortgage be upon lands,
interests in lands &c, which embraced in the
descriptions above given, and also be upon proper
" described substantially follows, to wit all
the property of said company, whether corporal
incorporeal, and ali the rights OF property OF
said company, whether legal or equitable, includ-
ing the channel water course of the canals, the
right of way in the same, the locks, bridges, Gull
FeTts, and all and singular the "orks pertaining
thereto and belonging to said company then made
and constructed or thereafter to be made and con-
structed, together with the revenues of the said
canals constructed to be constructed ard
tho hydraulic power then owned and to be owned
by said company, and all the thereof;
generally all the revenues of the company, and,
including the right of said company to receive
frorI of Wisconsin the purchase of the
Improvement provided in the charter, the pun
chase money to be paid therefor.
Notice is also given that all OF the lands granted
to the of Wisconsin by the acts and resotu-
tons of Congress above referred to, and which
by said State granted to said company, have
partTtioned, set apart and selected from
The lands belonging the United States; that all
of said lands in the State OF WISCONSIN; that
many OF said lands have been partitioned- set
apart and selected and the approval the Presi-
| dent OF the United States to the same has been
certified; that lists of the lands partitioned set
apart and selected, have been filed in the office of
the Secretary Of State, of Wisconsin, and ceraned
copies of such lists lied in the Office of thc'R =gis
Deeds for the several countless respectively,
whereil said lands situated; that all ofthe un
| sold lands EN- braced in sad lists VIII, with the
other property above descrfbed be offered and sold
| at the sale hereby noticed Reference Is
here made TO said lists, which filed afore-
said in the following counties, to-wit Co, ambia,
/ Naushara, Calumet, 0utaga annie, Winnebago, Mar
athon, Richard, Trem pealeau, MARC uette, Clark,
| Vernon, Portage, Fond du Lac juneau, Crawford,
| Jackson, Eau Clare, Wood, Waupacca, Green
| Lake Brown, Sauk, ST. Croix Rewaunee, oconto,
That for further description of the said lands mot
partitioned, set apart, selected and certified IS
| aforesaid, and the said works of Improvement,
rights OF way, dauis, locks, canals water powers,
rIgh privileges, franchises property, &c, refer
ence is here made the several acts and resolu-
| consin in relation thereto, and especially to the
| acts OF the Legislature OF Wisconsin in relation
| thereto, approved as follows G) act approved
| July g, 1888; (2) act approved March 81, 1880;
| and (3} an act approved October 3, 1855:
| That schedules giving description, as fully as
practicable, OF the property, &c, to be sold, and
| as near.y accurate may be, will be prepared aud
| exhibited at the time and pace of sale.
Dated, Appleton, February Esd, 1854.
i ALEXANDER SPAULDING,