Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-03-02
Notice of Sale.
IN CIRCUIT COURT FOR THE

L u Ia
l. County of Fond du Lac
Alexander Spaulding, Charles Butler and Moses
VI Davis, Trustees, Plaintiffs, against Fox and Wis
cousin Improvement Company and Abraham
PENDANTS.
Public notice is hereby given that by virtue and
In pursuance of the terms and provisions and the
power OF sale contaiue in a certain deed of trust
dated the first day of December. A D. 1855. mae
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 SpauldinC,
Parties OF the second part as trustees, to their
yiyor and survivors, successor and successors in
trust for the uses and purposes expressed in said
Ised OF trust ana m the act of the Legislature Of
Wisconsin, in said deed referred To ana hv virtue
OF and pursuant to an order or Judgment of sale,
&c. rendered IN sad Court IN the above entitled
action on the fourth day of February. A. D. 1864
20 which trust deed, act and Judgment reference
Is here made, we, the UNDERSIGNED Trustees and
Referees Tor SALE s. all Thursday, the fifth day
Of May, A d. 1864, at ten O'Clock in the forenoon
Of that day at the office OF the Fox and Wiscon sin
Improvement Company, in the village of Ap-
pleton, in the county of Outagamie. in the state
Of Wisconsin, offer for sale and sell public auc-
ton to the highest bidder the lands rights inter
ests and claims, legal or equitable in lands, also
rights Of way, dams, locks, canals, water-p OVERS
works of Improvement and appurtenauces rights
privileges and franchises belonging to said compa-
ny connected with said i'm provement and prop-
erty Of every description hereinafter described or
referred 70, upon the conditions and in the
hereafter specified
Notice is also given, that Moses NJ Davis was dufv
appointed and is now trustee under said deed ~
trust. successor to Alexander Mitchell resigned.
aud that the undersigned Charles Butler and Alex
ander SPauldlng are two of the parties named in
said trust deed parties Of the second part That
by said order or Judgment of sale, it is adiudEed
in substance that the sale hereby noticed viii op-
crate to pass to the purchaser or purchasers at
such SALE all interest III said lands, rights proper
ty, franchises, &c, &c, which is represented by
said trust deed, and all which is now vested in the
defen daut Abraham B. Clark. as sole surviving
mortg agee IN trust under the mortgage in said
judgment referred to, which represented or in
any way passed by said mortgage; and which said
mortgage Is IullN set out IN the conn aiUt in
action, and is filed in the office Of the Secretary Of
State Of Wisconsin, and recorded in the offices Of
the Registers of Deeds for the county Of Outaga-
mic and several other OF the counties hereinafter
named. That by said judgment il also appears
that the undersigned trustees. and the said Clark
mortgage in trust, respectively, have in due form
been requested by the benefciaries under said
trust deed and said mortgage to sale to be
uaae OF the lahds, property, franchises, &c. &c,
herein mentioned for the pawn ent of the matured
unpaid indebtedness secured by said deed and
mortgage; and which matured unpaid Indebtedness
exists in large amount. That if the first day
of sale all Of the lands, property, franchises &C.
be sold, the said sale will be continued from,
necessary. That the said lands property, fran
ehises &c. will be sold in the order prescribed Ly
the act OF the Legislature of Wisconsin in relation
thereto, approved October ,, 1880, and that the
parttioned and selected lands, of which there are
certified lists hereinafter stated will he sold in
tracts not exceeding go acres each
Notice IL also given, that the property. &c
hereby noticed for SALE is described in said order
or Judgment OF sale as follows, to-wit: can the
lands, rights and interests in claims upon or TO
lands granted by Congress, in aid Of the Fox and
Wisconsin Rivers Improvement, the water poveers,
works Of Improvement, corporated rights. fran
chises, privileges, and all property by said
trust deed, and the mortgage set out in said com
plant"
That said property, &c. is described in said trust
deed 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 i'm
provement Of the Fox and Wisconsin Rivers and ali
the works OF Improvement, constructed or to be
constructed said rivers. and all and singular the
rights Of way, dams, locks, canals, water powers
and other appurtenances of said works and all
rights, privileged and franchises belonging 10 said
i'm prov ement, aud all property Of said Company Of
whatever name and description
That said property, &c, is described in said
IN mortgage SUBSTANTIALLY follows to wit All the
property, rights Of property and interest therein Of
every kind and nature OF the Fox S Wiscon sin I'm
provement Company, to the same extent they
zen tione in the resolutions embodied in said
mortgage. That in said resolutions il provided
Ia substance, that said mortgage be upon lands,
interests in lands, &c, which embraced in the
descriptions above given and also be upon proper
~ described substan TALLY follows to on all
the property oil sald company whether corpoTeai or
incorporeal, and on all the rights Of property of
said company, whether legal or equitable, includ-
ing the channel or water course of the canals the
right OF way in the same, the locks bridges, cni-
verts, and all and singular the works pertaining
thereto and belonging TO said company then ade
and constructed thereafter TO be made and en-
canals 20 constructed or to be congtrnctes and
he hydrau lie power then own ed and b, owned
by said company, and all the revenues thereof
and generally all the revenues of the contrary, and,
from the State Of Wisconsin the purchase OF the
Improvement provided IN the charter, the pur-
chase money to be paid therefor.
Notice is also given that all OF the lands granted
ia the State OF Wisconsin by the acts and resoIu-
tions Of Congress above referred to- and which
BY said STATE granted 70 said company, have not
vet been paTtitioned, apart and selected from
the Ian5s belonging 10 the United states: that all
OF s4ld lands in the State of Wisconsin. that
many Of said lands have been so partitioned set
apart and selected and the au-roval Of the presi-
dent Of the Unired States TO the same has been
certified that lists OF the lands partitiSued
apart and selected, have been Sled in the Off of
the Secretary OF state, Of Wisconsin. and certified
copies OF such Ests flied IN the office OF theR
trs Of Deeds for the several counties respectively,
wherein said lands situated that ali OF the
sold lands embraced N said lists will, wit the
other property above described, be offered and sod
al the sale hereby noticed. Reference Ia
here made 10 said lists, which were Fled as afo-s-
,siI in the following counties, to-wlt= Columbia,
Waushara. Calumet, OutsgsmI@, Winnebago. Mar
athon, Richland, Trem eaieau, harq uettv, Clark,
Vernon, Portage, Pond du Lac. juneau, Crawford,
Jackson Claire, wood, Haap acca, Gre-n
Chippewa. Dunn, Adams, Shswaaaw, and Door
That for further description Of the said lands
partItioned, set apart, selected and certified
Aforesaid, and the said works Of improvement,
nights privileges, franchises property, &c, refer
ence is here made the several acts and resolu-
tons Of Congress and Of the Legislature Of Wis
consia IN relation thereto, and especially to the
thereto, approved as follows t1) an act approved
July 8, 1885 CO an act approved March 81, 1855
and 81 act approved October 3, 1856:
That schedules giving description, as fully as
practicable, of the roperty, &c, TO be sold, aud
as neariy accurate as may be, will be prepared and
exhibited the time and place of sale
Dated, Appleton, February 23j, 1861.
ALEXANDER SpAULDIE0,
CHARLES BUTLER, and
MOSES II. DAVIS,
Trustees and Referees.
/ s-rxrrs q Lxvrs Plaintiff 'sAttornsys,