Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-10-05
Notice Of Sale,


L FOND DU LAC.
Alexander spauIdng. Charles Butler and Moses NJ.
Davis, rustces, Piaiui1s, against Fox and Wisconsin
improvement Company and Abraham Il. Clark sole
surviving mort gagee in trust def ndants.
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 d. 1856, made 10y the Fox
ANA Wisconsin Improvement Company corporation
under the laws Of the State Of Wisconsin, party OF the
first part, to Alexander Mitchell, Charles Butler am
heXander SDau!ding parties of the second part as
trustees to their survivor and survivors, successor and
succ in trust for the and purposes express
ed in said deed of trust and in the act OF the ee-Ia
ture OF Wisconsin, in said deed referred ana by viz
tue Of and pursuant order judgment Of lie
&c, rendered in said county in the above entitled ac
ton on the fourth day Of February, A. d. 1854 to
which trust deed act and jud men reference is here
made we, the undersigned Trustees and Referees for
sale, shall on Wednesday, the nineteenth day of Ucto-
gef \ lo6+, at ten o'clock IN the forenoon Of that
day, at the Office of the Fox aud Wisconsin Improve
ment Company, in the village Of Appleton in the coun-
= =" ol'l iihe, III ne atfte OF Wisconsin, offer for
sale ana sell at public auction TO the highest bidder
the lands, rights interests and claims legal or equi
Die III lands, also rights OF way, dams locks, canals
water powers, works Of Improvement and appurten-
ances, rights, privileges and franchises belonging to
SAID company or connected with said improvement and
property of every description hereinafter described or
referred to- upon the conditions and in the manner
hereafter specified.
Notice is also given that Moses " Davis was duly,
appointed and is trustee under said deed Of trust
rs successor to Alexander Mitchell resigned and that
the undersigned Charles Batter and Alexander Spauld
ing are two Of the parties named in said deed $
parties Of the second part. That by said order or
hereby noticed win op pass to the purchaser or
purchasers at such sale, al interest in said lands rights
property, franchises &C. &C. which is represent ed b,
su trust deed and all which Is vested in the de
PENDANT Abraham b. Clark sole surviving mort ga
gee in trust under the mortgage in said judgment re
ered to, or Whchis represented or n any way pa
by said mortgages and which said mortgage is fully set
out in the complaint in this action and is filed the
once Of the Secretary OF State of Wisconsin. and
corded in the Offices Of the Registers Of Deeds for the
county Of Ouagamie several other the { unties
hefelilaf'r named Ihat by said Judgment it APP
pears that the undersigned trustees and the sid CLARK
mortgage III trust, respectively, have in due form
been request I'd by the beneciaries under said tus
deed and said gage sale be made Of the
lands property, franchises &c, &c, herein mention
ed, for the payment Of the matured unpafd ipdehtd
ness secured by said deed and mortgage: and which
matured unpaid Indebtedness exists in large amount
That if on the first day of sale all of the Lands nr,
ty franchises &c, be not sold the said sale be
nued from day TO day Sundays eNcepted} so long a.
shah lie uecessary. That the said lands property
franchises, &C. viii be sold in the order prescribed L
the act of the legislature of Wscansinin relation tha
to- approved october B. 1856 and that the paritioned
and selected lands, of which there certified its
ing 64f each.
Notice is also given, that the property. &c herein.
noticed for ssle is described in said order Of judgment
Of sale as follows 70 wit: ''A he lands RIGHTS ANA
interests III or claims upon or to lands granted by Con
greSs, IN aid of the Fox and Wisconsin Rivers I'm
proNement, tho water powers works Of improve
ment, c'rporated rights. franchises privileges ana
al property covered by said trust deed and The
mortgage set out in said complaint"
That said property &c is described in said trust deed
follows to Wit the uusod lands snte =, a.
state OF Wisconsin by the several and resoluti
Of Congress to aid in thu Improvement Of the Fox ana
Wisconsin, Rivers, and all the works of improvement
constructed or to be constructed on said rivers ana
all and singular the rights Of way dams locks canals
water powers and other appurtenances of said works
and all rights, privileges and franchises belonging TO
said Improvement, and all property Of said Conpau,
Of whatever name and description"
That said property, &c. is described in said mort
gage substantially as follows, to wit All the property
lights of property and interest therein of ever ki,J
and nature Of the Fox and Wisconsin Improvement
Company 10 the extent they are mentioned ia
the resolutions embodied in said mortgage That In
sail resolutions IL Is provided in substance that said
.Eage be upon lands interests in lands, &c. which
are embraced in the descriptions above given and aeo
be upon property described subs lntiay as follows
70 VII on all the property of said Company. whether
corporeal or incorporea and all the rights If ro
"rts Of said Company, whether legal or equitable H.
cludng the channel water course of the canafs tn
right Of way in the same. the locks bridges cuIvar
and all and singular the works pertaining thereto j
belonging to said company then made ard car,st~,i
pr thereafter to be made and constructed tnrat},r
With the revenues Of the said canals so constructed w
70 be consructed and the hydraulic power then owned
and TO be owned by said company, and all the r.ve-
nucs thereof; and generally al the revenues of III
company, and, including the right of said company to
receive from the Stse Of Wisconsin the purchase Of
ne improvement ~ provided IN the charter, the pur-
chase money to be paid therefor
Notice Is also given that all the lands granted I,
me state OF Wisconsin by the acts and resolutions Of
congress, above terredto, and which by said
state granted to said Company have Yet been
.tohtd sci apart and selected from the lands he
longing TO the United States: that all of said lands are
IN thu State Of Wisconsin; that many Of said lands
nave Hcen 50 partlnoued, set apart and lccted and
The approval of the President of United States t.
the s'me has been certified that lists of the lands so
partitio9ed, set apart snd sci cted have been fled in
the Office Of the Secretary of STATE. Of Wisconsin and
certified copies of such lists filed in the Office IF The
Registers Of Deeds for the several counties respective
iy, wherein said lands siguaed that all Of the I'm
sold lands embraced in said lists wiU with the other
property above described be feed and sold at the
sale hereby noticed Reference is here made to said
NStS which were fled aforesaid In the following .
counties, TO Wit: Columbia. Waushara Calumet /
'uia-anIle. NinrebaEo. Marathon, Richland. Trsm-
lealeaH Marquette, Clark, Vernon Portage. Fond Iu
Lac, Ureau. Crawford, Jackson. Eau Claire Wood
y aupaccas ;ireen Lake, Brown, Sank St Croix Ike
vaunee, oconto, Chippe VA Dunn. Adams Shawan7w I
and Door: That FOR further description Of the said
andS not partitioned, apart selected and certified
! aieTes- aud the said works OF improvement rights
p way dams, locks canals. water powers rights
i4-t, franchises property. &C. reference i here
ts 10 the several acts and resolutions of Congress
'uu 81 'e Legislature Of Wisconsin In relation there
-: anu especially TO the acts Of the Legislature of
nse9ilS'h IN relation thereto. approved rs follows
~ an ACT approved July s. 1888: {2l an act ar,rraved
q o. 800 and 81 an act approved October g.
mar schedules giving description. fully a. pr,cti
aote oil me property, &c, to be sold ana as nearly
ccurae Il may be, viii be prepared and exhibited n
he time and place Of sale. "
Dated, appleton, February Esd 1861
ALEXANDER SPAULnING
CHARLES BUTLER and
MOSES NJ DAVIS
rms fras .-rfE Q-.--