Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-05-18
Notice ii Sale.
IN CIRCUIT COURT FOR THE
II County OF Fond du Lac

L
Alexander Spauding, 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 notice is hereby given, that by virtue and
in pursuance of the terms and provisions and the
power of sale aimed in certain deed of trust
dated 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 to Alexander
Mitchell, Charles Butler and Alexander spauldng,
parties Of the second part, trustees their
vivor and survivors, successor and successors in
trust for the uses and purposes expressed in said
deed of trust and in the act of the legislature of
Wisconsin, in said deed referred to- and by virtue
of and pursuant to an order or Judgment of sale,
&c, rendered in said Court IN the above entitled
action on the fourth day OF February. A. ID. 1854,
&c which trust deed. act and Judgment. reference
IS mere made, We, the undersigned Trustees and
Referees for sale, 81 all on 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 0utagamie, in the State
Of Wisconsin, offer tor sale and sell at pubic
ton to the highest bidder, the lands, rights, inter
ests and claims, legal or equitable in lands, also
rights of way, dams, .ccks, canals, water-Powers,
works Of Improvement and appurtenances, rights,
privileges and franchises belonging to said eompa-
ny connected with said Improvement, and prop
erty of every description hereinafter described
referred to, upon he conditions and in the
hereafter specified.
Notice is also given, that Moses NJ. Davis was duly
appointed and is trustee under said deed of
trust, as successor 20 Alexander Mitchell resigned;
- - tbe nnIarsie-n "a Charles Rut and IIer
ander Spaulding are two OF the parties named IN
said deed parties of the second part That
by said order or judgment of sale, it is adiudged
ia SD distance that the sale hereby noticed Will op
crate to pass to the purchaser or purchasers at a
such sale ali interest in said lands rights, proper
tv fran chises, &c, &c, which Is represented by
said trust deed, and all which is now vested in the
defendant Abraham b. Clark, as sole surviving
mortgage in trust under the mortgage in said
judgment referred to- or which is represented or IN
any way passed by said mortgage; and which said
mortgage Is tuiiy set out IN the eonplaint IN TINS
action, and Is filed IN the otce OF the Secretary OF
State of Wisconsin. aud recorded in the othees 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 Ozark,
mortgage in trust, respectively, have IN dae form
been requested by the benedciaries under said
trust deed and said mort gage to cause sale TO be
ade OF the lands, property, franchises, &C., &c,
herein mentioned. for the payment of the matured
unpaid indebtedness secured by said deed and
mortgage; and which matured npaid ind ebtedness
exists in large amount. That if the first day
sale all OF the lands, property, franchises &c,
be NOT sold the said sale viii be continued from
dag TO day Sundays exeepted) so long shall be
nhises Sc will be sold In the order prescribed by
the act Of the Legislature OF Wisconsin relation
thereto, approved October 3, 1856, and that the
psrtitionea and selected lands, OF which there
certified lists, as hereinafter stated will be sold in
tracts not exceeding 649 acres each
Notice is also given, that the property, &c,
hereby noticed for sale, is described in said order
or Judgment OF sale as follows, to-wlt: . All the
lands rights ard interests in or claims upon 70
lands granted by Congress, in aid of the Fox and
Wisconsin Rivers Improvement, the water-powers,
works OF improy ement, ccrporated rights, fran
chises privileges and all property covered by said
trust deed, and the mortgage set out IN said COM
plaiut.'' ---9.
That said property, Sc, is described in said trust
deed as follows, to-wit "Al the unsold lands
granted to the state OF Wisconsin by the several
acts and resolutions of Congress to aid in the i'm
nrovernent Of the Fox and Wisconsin Rivers oil
the works OF improvement, constructed or to be
cousructed said rivers, and all aud singular the
rights Of way, dams, locks, canals, water-powers
and other appurtenauces of said works. and all
rights privileges and franc Ises belonging TO said
improvem ent, and all property OF said Company Of
whatever name and description
m ont gage substantially follows, 81 wit All the
property, rights of property and interest therein Of
every kind and nature OF the Fox &c Wisconsin I'm
PROVEN cut ComF any, to the same extent they
mentioned Ia the resolutions embodied an said
mortgage. That IN said resolutions ii as provided
/ in substance, thar said mortgage be upon lands,
interests ia lands, ac which are embraced IN the
descriptions above given, and also be upon proper
ty described substantially as follows to Wit all
the property sand company, whether eorporsai or
ncorP oreal, and on all the nights OF property OF
/ sad company whether legal equitable, inciud-
ing the channel water course OF the canals the
right OF way ia the same, the locks bridges, Gull
/ yerts, and all aud singular the works pertaining
I thereto and belong TO raid company then made
] and constructed thereafter to be made and con-
/ struczed, together With the revenues OF the said
( canals 50 constructed or to be Constructed ard
! !; he hydra D tic power then owned and 10 be owned
/ by said any. and all the revenues thereof
and generally ali the OF the company, and,
I including the right of said company 20 receive
from the state Wisconsin on the purchase OF the
Improvement as pToFIaed IN tAe eiia4ter' TIE Puf
/ chase money to be paid therefor
Y II a. Z
to the state OF Wisconsin by the acts and resoIu-
tious Of Congress above referred to- and which
by said granted TO said company, nave not as
yet been partltoucd, set apart and selected from
the lands belonging the United States; that all
! OF SAID lands arc the state OF WISCONSIN; that
I many 81 said lands have been p4rtItIoned. set
apart and selected aad the approval OF The PresJ-
dent o. the United states TO the same has been
c~rr5rgd. that Estg OF the lands 50 partitoned
afart ana seIe1ged have teen fled in OFF ce OF
the Secretary OF state Of Wisconsin, and eeItlnsd
copies fsue lists ied in the office OF the Regis
-zA er n res
wbrreiu said lands are situated; that ali or the
sold lands embraced in said lists VIII, With the
other property above described, be offered ana SOFA
AT the sale hereby noticed. Reference Is
here mace said Lists, which were nled as aiore-
said il the following ecun@es, to-wit- Colnf1 pa
( Wausbars, CaluInsts Outagan'i-, NlnneoaSc, saI-
athou, kichland, iremp esieau, Mara uette, Slarhi
vernon, Portage, Fond d. Lac Juneau, CFa~iora,
Jacsson, Eau Clare, Wood, Naupacca, "revH
Lake lsrown sauk, -. CrOix, kewaunee, ocoHto,
Chippewa, Dunn, Adams, shaEanaw, and Door.
That for further desci ption Of the said
UArtitioned set apart, selected and certified as
aforesaid, ara tbe said works OF ImproFeInenI'
! rights Of way, dams, locks, SanAlS, . ga1
ence is here made TO the several acts and resolu-
tons OF Congress and Of the Legisiaseae q MS
consin In relation thereto, and especially 60 the
I 49, ~ the Legislature OF Wisconsin, IN relation
thereto, approved as follows I'd aa act approved
aud 81 an act az proved october 3, 1856.
That schedules giving description, as fully as
practicable s of the g19gsEy e BE and
exhibited at the time and place Of sale
Dated, Appleton, February Esd, 1854.
CHARLES BUTLER, and
MOSES ". DAVIS.
Trustees and Referees
sIzvEss LEWIS, Plaintiff sAttornsys,
The sale above motto IS postponed until Wed
will then OF at the plsce and hour abov
naEsed.
CHARLES BUTLER, and
MOSES ". DAVIS, 80 -