Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-08-17
Notice of Sale.
IN CIRCUIT co JRT FOR THE

Il County o: FOND du Lac.
Alexander Spaulding, Charles Butler aud Moses
NJ. Davis, Trustees, Plaintiffs, against Fox and Wis
consn Improvement Company and Abraham
b Clark, sole surviving mortgage in trust, de-
PENDANTS.
Public notice is hereby given, that by virtu. and
IN pursuance of the terms and provisions and the
power Of sale contained in certain deed of trust
dated the first dan 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 to Alexander
Mitchell, Charles Butler and Alexander Spa ulding,
parties OF the second part. trustees their
yiyor and survivors, successor and successors in
trust for the uses and purposes expressed in said
deed Of trust and in the of the Legislat of
Wisconsin, in said deed referred 60 and by virtue
Of and pursuant to order judgment of sale,
& e, eHdered in said Court the above entitled
action the fourth day OF February. A. ID. 1864,
tC which trust deed, act and judgment, reference
Is mere made, we, the undersigned Trustees and
Referees for sale, s. all Wedu esday, the nine
tecnth day Of October, 4 d. 1861 at ten O'Clock in
the or' noon # that day, at the Office or the Fox and
Nsco i'm PROV cment Company, in the village of
Appleton, in the unity Of 0utagamie, in the State
of Wisconsin offer Tor sal and sell at public auc-
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 to said compa-
ny OF connected with said Improvement, and prop
erty Of every description hereinafter described
referred TO, upon the conditions and IN the mann9
h sreattcl specifi d.
office is also given, that Moses NJ. Davis was daIy
arFoin ed aud Is now trustee under said deedpf
trust, successor to Alexander Mitchell resigned
and that the undersigned Charles Butler and Alex.
aHder Spaulding are two OF the parties named in
said deed parties of the second part. That
by said order or judgment of sale, 1t is adjudged
in INSTANCE that the sale hereby noticed will on
crate to Ass the purchaser purchasers at
such slle all interest in said lauds, rights, proper
", franchises, &c, re, which is represented by
said trust deed, and all which IS vested in tit
defeu daut Abraham Il Clark, sole SURVIVING
mortgagee 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 the complaint 81 this
action, and is filed in the olce of the Secretary of
State Of Wisconsin. aj.d recorded in the offices Of
the Registers of Dc-ts Tor the county of 0utaga-
mic and several other Of the counties hereinafter
named. That by said Judgment II also appears
chat the undersigned trustees, and the said Clark
gasre in trust, respectively, have in due form
ben requested by the bcnefciaries under said
OF the lands property, franchises, &c, &C.,
herein mentioned for the payment OF the matured
unpaid indebtedness secured hy said deed aud
NOR, gage aud which matUrei Hu paid Indebtedness
exists Ia a large amount. That II the first day
or sale al OF the lands, property, franchises, &c
be not sold, the said sale will be continued from
DAY dap Sundays eLcePtedJ SO long shall be
necessary That the said lands, property, fran
cllsas, Nc vail be sold iu the order prescribed by
thc act oi the Legislature OF Wisconsin in relation
tAereter approved October ), lo55, and that the
partition Cd and selected lands, Of which there
certified lists, hereinafter stated, will be sold in
tracts aot exceeding 10 acres each.
Notice IS also gwen. that the property, &c,
hereby noticed for sale, described in SAID order
or Judgment OF sale as follows, to-wit: GAN the
lands, rights ANA interests ia or claims upon or to
.sf4Er granted bS congress- III dl4 OF tHe OK an
Wisconsin iiiTers Improvements, the water powers,
works OF Improvement, corporated rights, fran
cAse-, privileges and all property covered by said
trust decd. and 5ne mortgage set out IN said COM
gi.t.aE
Ihal said property, &c, is described said trust
decd as follows, to-wit: - All the unsod lands
granite, to the state Wisconsin by the several
acts and resolutions 0l Congress to aid in the i'm
groveueut OF the Fox and Wisconsin, Rivers End all
the WORKS OF Improvement, constructed or to be
constructed said rvers and all and singular the
rights Of way, dams, ioeks, canals, "ater-po"frs
FIsEfsr sFf sand
rishts privileges aud franchises belonging to said
Improvement, asd ali property Of said Company OF
Whatever name aud descuptIon-'
Taat said property &c, Is described in said
MORTGAGE 5ubs-5,liJlally a. follows, ." Wit Al the
property, rights OF property ana interest therein OF
every ind and nat aFe oil the box Wisconsin, I'm
proveuselt Com amy, TO the same extent a. they
are mentioned ia tue resolutions embodied ~ said
mortgage. That 10 sad resolutions 1T Is PROVIDED
ia substance, that said mortgage be upon lands,
interests Ia lands, sc which embraced IN the
descrIutions above given aud also be upon proper
~ described substant italy follows to wit all
the property OF said company, "Hether corperealo or
iucorpsreal. and on all the nights OF property OF
sad coInllny. whether legal equitable, iuciud-
ing the channel water co urse OF the canals, the
right way 10 the same, the locks, bridges, cul-
verts, aud all and singular the works pertaining
thereto belonging said company then made
and constructed thereafter to be u ade and
structed together with the revenues o: said
canals 20 constructed or TO De constructed and
he hydFauI lie power then owned and to be owned
6y salt comFauy, and all the revenues thereof
and generally al the revenues OF the company, and,
iucludIng the night Of SAID company 70 recey.
from the state OF Wisconsin the urchase OF the
inipro mt provided ia the charter, tle puE
chase money 10 be paid therefor
Notice - <.Ten tnat ali OF the lands gran ted
to the state v Iscousln By the acts aud resoiu-
lions Of Cong - above referred to, and which were
by said State granted 10 said comp any, have not
yet been partt oued, set apart and selected from
the lands belonging % the United states that alls
of sad lands are IA the state OF Wisconsin, that
many Of said lands have been so partitioned.
sgart and selected and the approval of the Pres-
dent Of tie United States to the same mas been
certified; that lists 81 tie lands psrttIoned,
apart and selected, have been FLED in ne ON I
the Secretary OF state, Of WISCONSIN,. certified
copies Of sucH lists hied once o. the hegls
OF Deeds for the several counties, respectively
wherein said lands situated; that all OF the
sold lands ora ced IN said lists viii, with the
other property above described be offered ana sold
at the sale hereby noticed. Reference Is
here made said lists. which were tiled as aiore-
said in tbe following counties, to-wit: Columbia,
Maushara. Calumet /, OutasaInl-, 4nnebase. Mar
atbon RicnIand, Trem peAIeau Mara cite, Clark,
Vernon, Portage, Fond d1 Lac juneau, Crawford,
JseE.ou Eau Clare, Wood, Waop acca, Gree !
Lake Brown, Sauk, II. Crolz, Aewaunee, Oeant
Chiypesa, Dunn, Adams, Shawanaw, anG Door:
That for further desci ipton of the said lands not
partitioued, set apart, selected and certified az
aforesaid, and the said works Of Improvement,
nights 81 way, dams, locks, canals, water-powers,
righ 5 privileges, franchises, property, &C. refer
ence IL here made to the several acts and resoiu-
lions OF Congress and OF the Legislature Of Wis
consn III relation thereto, aud especially to the
acts Of The Legislator OF Wisconsin in relation
thereto, approved follows (lj act Approved
July g. ls53; Cd on act approved March 81, 1885;
and t3) an act ap proved October 3, 1855:
That schedules giving descrip ton, fully as
practicable, OF the property, &c, to b. sold, and
nearly accurate may be, will be pr ,pared and
exhibited at the time and place of SALE
Dated, Appleton, February 23d, 1864.
ALEXANDER SPACLDIN6.
CHARLES BUTLER and 80
MOSES u. DAVIS,
Trustees and Referees
srEvIss& LEWIS, Plaintiff s Attorneys,