Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-08-24
Notice of Sale.
TN CIRCUIT co JRT FOR THE

TN CIRCUIT co JRT FOR THE
Il County o: Fouu Lac.
Alexander spaulding, Charles Butler and Moses
VI. Davis, Trustees, Plaintiffs against Fox and Wis
consin Improvement Company and Abraham
CLARK, sole surviving mortgagee 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 a certain deed trust,
dated the first dav OF December, A. D. 1885 maze
by the Fox and Wisconsin Improvement Com
pany a CORPORATION under the laws of the State
of Wisconsin,, party Of the first part Alexander
Mitchell, Charles Butler and Alexander Sp aulding
parties OF the second part as trustees to their
vvor 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 order Judgment of sale,
NC, rendered in said Court IN the above entitled
action the fourth day of February. a. d. 1864,
70 which trust deed, act aud Judgment, reference
Is mere made, we, the undersigned Trustees and
Referees for sale, all on Wedn esday, the nine
teenth day Of October, A D. 1864, at ten O'Clock in
the fore Of that day, he Office OF the Fox and
Wisconsin I'm rovement Company, in the village of
Appleton, in the county Of 0utagame, in the State
of Wisconsin, offer Tor sale anc sell at public auc-
the highest bidder, the lands, rights, inter
estS and claims legal or equitable IN lands, also
rights of way dams, locks, canals, water powers,
works of Improvement and apFurtenances, rights,
privileges and franchises belonging to said compa-
u 3 connected with said i'm Improvement, and prop
erty of every description hereinafter described
referred to, upon the conditions and IN the manp9
Eorice is also gwen that Moses NJ. Davis was duly
appointe ed and l. now trustee under said deed,f
trust AS successor to Alexander Mitchell resigned
aud that the undersigned Charles Butler and Alex.
ander SpauldIng are two OF the parties named in
said deed parties of the second part. That
by said order or Judgment Of sale, II Is adjudged
in su distance that the sale hereby noticed will OPP
crate TO pass the purchaser or purchasers at
such sale ali interest in said lands, rights, proper
ty. chises, &c, &c, which is represented by
said trust deed, and all which Is now vested in the
defendant Abraham Is. Clark, as sole SURVIVING
MORTGAGE in trust under the mortgage in said
Judgment referred to, which is represented or
any way Lssed by said mortgage; and which said
mortgage is fully set out IN the complaint in this
action and is filed in the office of the Secretary of
State OF Wisconsin, aud recorded in the offices of
the Registers of Deeds for the county of Outaga-
ME and several other Of the counties hereinafter
named. That by said judgment 1t also appears
that the undersigned trustees, and the said CLARK,
mortgage in trust, respectively, have in due form
been requested by the benehciaries under said
trust deed and said mortgage to cause sale be
N de Of the lands, property, franchises, &c, ac,e
her IN mentioned, for the payment of the matured
uni aid Indebtedness secured by said deed aud
mortgage: and wtsich matured unpaid Indebtedness
exists IN a large amount. That II the frs. day
OF sale all the lands, property, franchises &c,
be not sold, the said sale will be continued from
day TO day Sundays excepted) 50 long shall be
necessary. That the said lands, property, fran
ch.ses &c, Will be sold IN the order prescribed by
tie act the Legislature OF Wisconsin in relation
thereto, approved OCTOBER }, 1880, and that the
partition cd selected lands, OF which there
certified lists, hereinafter stated, Will be sold in
tracts rot exceeding 90 acres each
Notice r. also given, that the property, &c,
hereby noticed for sale, is described said order
Judgment Of sale as follows, to-wlt: 'AlI the
lands rights and interests IN or claims upon or TO
lands granted by Congress, in aid of the Fox and
Wisconsin Rivers improvement, the water powers,
works Of Improvement, corporated rlghjs, IRAN
chises privileges, aud all property covered by said
deed, and the mortgage set out in said COM
plaiut-'
That said property, &c, is described in said
deed a. follows. to-wit- All the unsold lands
Granted to the state of Wisconsin by the several
acts and resolutions OF Congress to aid in the i'm
proveuleut the Fox and Wisconsin Rivers and ali
the works OF Improvement constructed or to be
constructed said rvers and all and singular the
rights OF way, dams, LOCKS, canals, water-powrrs
aud other appurtcuances OF said works, and all
rights. privileges and franchises belonging TO said
i'm pro- emeBt, and all property Of said Company of
whatever name and Inscription
That said property, &c, Is described in said
mortgage substantially as follows, ?" wit All the
property rights OF property aud interest therein Of
every Alad aud nature OF the Fox q Wisconsin In
/ proyemeut Com pany, TO the same extent they
mentioned IN the resolutions embodied Ia said
mortgage. That IN said resolutions it Is provided
in substance, that SAID mortgage De upon iahcs,
interests lands, &c, which are embraced IN the
descriptions above given, aud also be upon roper
desert substantially follows, to wit on all
the property OF said company, whether corporeal or
iucorp areal, and ON All the rights OF property OF
sad company, whether legal or equitable, iucIud-
ing the channel OF the canals, the
right OF way IN the same, the locks, bridges, cul-
verts and all and singular the works pertaining
thereto and belonging TO aid company then made
and constructed or thereafter to be made and con-
structed together with the revenues OF the sand
canals 20 constructed to be constructed ard
the hydraulic power then owned aud TO be owned
by company, aud ali the revenues thereof;
and generally ali the revenues OF tue company, and
including the rght OF SAID company to receive
from the state OF Wisconsin on tue purchase OF the
YeuIeHt PROVIDED IN the ciiaEter, pur
chase money TO be paid therefor
Notice Is also gwen that all of the lands granted
to the state II Wisconsin Dy the acts aud resolu-
lions Of Congress above referred 70, and ~h!ci were
by SAID state granted said company, nave not
set part4tIoned, set apart anu selected from
the lands belonging United States. that all
OF sald lands are the state OF Wisconsin, that
many said Ian d. have been 50 partltlonec- set
.Uart and selected and the approval the fTesi-
dem OF she United states 20 the same has been
certified that lists the lands parttIoDeu, set
apart and zeIected, have been hled in me ONCE OF
Z offs # 2Y4Hr 4rrttf ii
pies Of suco lIsts filed IL Once of the Regis
sers Deeds for ne several counties, respectively,
said lands situated; that all OF the I'M
sold lands braced IN said Asts VIII, WITH tAs
other property above describet be offered and sold
at the sale hereby noticed Reference is
here made TO said lists. which were hled as aiore-
said in ne following counties, to-"lt; Columbia,
I WausIara Ca unit, Ouiagaml- " inhebaso, Mar
stho-, Richiand IremP ealeau, Aarq uette, Clark,
I Vernon Portage, Fond d ia Lac. juneau, Crawford,
/ Iark.ou ~ C.a.re, Wood, Waupacca, Green
Lake Brown, sauk, ST. CroIx, ke~aunse, 0conto,
I Chippewa, Dunn, Adams, Shawana@, and Door:
That further desci ption OF the said lands
/ aforesaid, aud the said WORKS of improvement,
rights OF way, dams, locks, canals, waIer-powers
rlgh privileges, franchises, property, &c, refer
eace "a here made the several acts and resoiu-
| tous OF Congress and oil the Legislature Of Wis
consin in relation thereto, and especially TO the
of the Legislature OF Wisconsin In relation
thereto, approved az follows (l) an act approved
July o, 1888; 90 act approved March 81, $780,
| and 81 an act approved October 9, 1855:
| That schedules giving description, fully
practicable, OF the property, &c, to be sold, and
/ as nearly accurst e may be, will be prepared
exhibited the time and place of sale.
! Dated, Appleton, February 23d, 1854
4 ALEXANDER oPAULDING,
| CHARLES BUTLER, and
/ MOSES u. DAVIS,
Trustees and Referees.
Il J.