Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-05-04
Notice of Sale.
IN CIRCUIT COURT FOR THE


Nj. Davis, Trustees, Plaintiffs, against Fox and Wis
consin Improvement Company and Abraham
ID. 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 contained in certain deed of trust,
dated the first day of December, A. ID. 1886, MAZE
by the Fox and Wisconsin Improvements 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 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 act of the Legislature of
Wisconsin, id deed referred 30 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. D. 1854,
te which trust deed, act aud judgment, references
is made, we the undersigned Trustees and
Referees for sale, 81 all on Thursday, the fifth day
OF May, A. D. 1864, at ten O'Clock in the forenoon
that DAY, at he Office OF the Fox aud Wisconsin
Improv@meut Company, in the village of APP
pleton, in the county OF OutaSamle, IN the State
of Wscon sin, offer for sale and sell at public
ton to highest bidder, the lands, rights inter
ests and claims, legal equitable in lands, also
rig ats of way, dams, locks, canals, waterpowers,
works of improvement and appurtenances, rights,
privileges and franchises belonging said compa-
nv or connected wit said impro VEN ent, and prop
erty of every description hereinafter described
referred to, upon the conditions and in the
Notice is also given, that Moses NJ. Davis was daily
appoint ed and is now trustee under said deed of
trust, as successor to Alexander Mitchell resigned;
and that the undersigned Charles Butler and Alex
ander Spaulding two of the parties named in
trust deed parties of the second part. That
bv said order or Judgment of sale, it is Adjudf ed
in su distance that the sale hereby noticed will op-
crate to pass to the purchaser or purchasers at
such SALE all I'M IN sal. lands rights proper
ty. nchses, &c, DC, which is representa- By
said trust deed, and all which is vested in the
defen dant Abraham b. Clark, sole surviving
mort gagee in trust under the mortgage in said
judgment referred to, which is represented in
any way passed by said mortgage; and which said
mortgage isfully set out IN the complaint in this
action, and is filed IN the office of the Secretary of
state Of Wiseon sin and recorded in the Offices of
a.. p ayist Of nea. for he uty ONT
mic and several other of the counties hereinafter
named That by said Judgment it also appears
that the undersigned trustees and the said Clark,
mort gagee in trust, respectively, have in form
been requested by the benefciaries under said
trust deed and said mortgage TO cause sale to be
made OF tue lands, property, franchises, nc, &e-,
herein mentioned, for the payment of the matured
unpaid Indebtedness secured by said deed and
mortgage and which matured unpaid Indebtedness
exists in large amount That If on the first day
sale all of the lands, property, franchises, &c,
be not sold the said sale Will be continued from
day TO day Sundays xcepted) so long shall be
necessary. That the said lands, property, fran
chises &c, will be sold in tie order prescribed by
the act of the Legis 10 OF Wisconsin in relation
thereto, approve ed October 3, 1856, and that the
partition ed and selected lands which there are
certified lists, hereinafter stated, viii be sold in
tracts not exceeding $40 acres each
Notice is also given, that the property, &c,
hereby noticed for sale, is described III said order
or Judgment of sale as follows, to-wlt: s'Au the
lands, rights and interests in or claims upon 10
lands granted by Congress, in aid of the Fox and
Wisconsin Rivers improvements, the water-powers,
works OF Improvement, corporated rights, fran
chises privileges, and all property covered by said
trust deed, and the mortgage set out in said com
plaint-''
said property, &c, is described in said tr!st
deed as follows, to-wit 81 All the unsold an is
granted to the state of Wisconsin by the several
acts and resolutions OF Congress to aid in the inn
Urove1nent OF the Fox and Wisconsin Rivers aud all
the works of improvement, constructed to be
constructed said rivers, and all and singular the
rights OF way, dams, locks, canals, WATERFOWL
and other appurtenauces of said works, ana all
rights. privileges and franchises belonging TO said
imp eraent, aud all property OF SAID Company of
That said property, &c, Is described in said
mortgage substantially as follows, - wit All the
property rights OF property and interest therein Of
| every kind and nature of the Fox x Wisconsin I'm
: provemen Company, to the same extent as they
are mentioned in the resolutions embo ded IN said
mortgage. That IN said resolutions 1t is provided,
! in substance that said mortgage be upon lands,
interests 81 lands, &c, which embraced in the
descriptions above given, and also be upon proper.
ty described substantially follows, to wit all
the property OF said company, whether corporeai
iucorporeal, and on all the rights OF property of
said company, whether legal or equitable. incl d.
ing the channel water course OF the canals, the
right OF way in the same the locks, bridges, cul-
verts, aud all and singular the works 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
| the hydra q lie power then owned and TO be owned
! By said company, aud ali the evenuet thereof
and generally all the revenue of the company, and,
| in cl ading the right of said company 20 receive
from the state of Wisconsin the purchase Of the
/ improy ement as provided IN the charter, the pur
| chase money to be paid therefor
Notice is ali gwen that ali OF the lands grant
/ to the state Of Wisconsin by the acts and resoiu-
tious of Congress above referred to, and which
by said State granted 10 said company, have not
vet been partitioned, set apart and selected from
! the lands belonging the United States; that all
! OF said lands in the State OF Wisconsin; that
| many said LANDS have been partltIoned. set
apart and selected and the approval Of the Presi-
| dent OF the United states TO the same has been
certified that lists OF the lands partitioned, 5et
apart and selected, have been filed N the once OF
the Secretary OF state, OF WISCONSIN ana cerVihet
copies lists filed in the oth ce OF the ssis
wherein said lands situated that an ca Tue IN
sold lands en- braced in said lists VIII, with the
other property above described, be oAered anu SOL
1t the sale hereby notIced- reference Is
here made said lists. which we're MED as aiore-
said in the following counties, to-Hit. Columbia
/ Wausbara Calumet, OutagaIni-, Winnebago, Mar
athou Richiand, Tremp ealeau, Marquette, Clark,
/ Vernon Portage, Fond du Lac. Juneau, Crawford,
/ Jaekson Eau Clare, Wood, Haupaeca, Green
Lake Brown, Sank, ST. Croix, kewaunee, Oeonto
| Chippewa, Dunn, Adams, shswauaw, and Door.
That for further description Of the said lands
partitioned, set apart, selected and certified a.
| aforesaid, and the said works of improvement
| rights of way, daus. locks canals. wal er powers
rgh privileges, franchises, propert ~, * refer
| ence is here made 20 the several acts ana resoiu
| lions of Congress and OF the Legislature of Wis
| con sin in relation thereto, and especially to tn
! acts of the Legislature of Wisconsin in RELATION
thereto ap proceed as follows a. AN act approve
July o, 1853; (2) act APPROX March 81, 1900
and 80 al approved October 3, feS6:
That schedules giving description, as fully a
practicable, of the property x TO be soiu, an
as nearly accurate az may be, VIII be prepared an
J exhibited st the time and place OF sale.
Dated, Appleton, February 23d: ls6t..
ALExANDER SPAULDlNG,
CHARLES BCFLER, and
, MOSES ". DAVIS, e ~
4 | ~a4.F Trust Referees.