Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-05-11
Notice of Sale.
IN CIRCUIT COURT FOR THE
County of Fond du Lac

N -CIhCUII COUhI tUh IHE
l. County of Fond du Lac.
Alexander spauIdng, Charles Butler and Moses
NJ Davis Trustees, Plaintiffs, against Fox and Wis
consin Improvement Company and Abraham
b. CLARK, sole surviving mortg agee 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 eontane ed 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 spaulding,
parties OF the second part trustees to their
vyor and survivors, ccessor 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. d. 1854,
tc which trust deed, act and judgment, reference
is mere made, we, the undersigned Trustees and
Referees for sale, shall 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 Wisoon sill
Improvement Company, in the village of APP
pleton, in the county OF Outagamie, in the State
of Wisconsin offer for sale and sell at 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-powers,
privileges and franchises belonging to said compa-
ny or connected with said Improvement, and prop
erty of every description hereinafter described
referred to, upon the conditions and in the manner
hereafter specified.
Notice is also given, that Moses NJ. Davis duly
appointed and is now trustee under said de-d of
trust, successor to Alexander Mitchell resigned
an that undersign ed Charles Butler and Alex
ander Spauld ng two of the parties named in
said deed parties of the second part. That
by said order or judgment of sale, 1T is adjudged
in bs tance that the sale hereby noticed will OPP
crate to pass to the purchaser or purchases at
such SALE all interest in said lands rights, proper
ty, fran chses, &c, &c, which is represented by
said trust deed, aud all which is vested in the
defendant Abraham ID. Clark, as sole surviving
mortgagee IN trust under the mortgage IN said
any way passed by said mortgage; and which said
mortgage is fully set out IN the complaint in this
I'd Off~u pf 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 it also appears
that the undersigned trustees, and the said Clark
been requested by the benefciaries under said
trust deed and said mortgage to cause sale to bs
made OF the lands, property, franfhises, &o, de-,
herein mentioned, for the payment of the matured
unpaid Indebtedness secu.cd oy said deed and
mortgage; and which matureG imp aid Indebtedness
exists in large amount. That II on the first day
of sale ali of the lands, property, franchises, Ike,
be not sold, the said sale will be continued from
day day Sundays excepted) SO long sEau be
necessary. That the said lands, property, fran
chises, &c. will be sold in the order prescribed by
the act of the Legislature of Wisconsin in relation
thereto, approved October 3 1856, and that the
partitioned and selected lands, of which there
certified lists hereinafter stated, will be sold in
tracts not exceeding 64o acres each.
Notice Is also given, that the property, &c,
hereby noticed for SALE il described in said order
or judgment of sale as follows, to-wit: GAN the
lands, rights aud interests in or claims upon to
lands granted by Congress, in aid of the Fox and
works of Improvement, corporated rights, fran
chises, privileges, and all property covered by said
trust deed, and the mortgage set out in sand com
plant"
That said property, &c, is described in said
deed as follows, to-wls; I" All the unsoid 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 all
the works OF improvement, constructed or to be
constructed said rv ers and 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
improv ement, and all property of said Company Of
whatever anne and description
That said property, &C., is described in said
mortgage substantially as follows, 20 wit All the
property rights of property an therein of
every kind and nature of the Fox Il Wisconsin I'm
prcyement Company, to the same extent as they
mentioned in the resolu ions embodied in said
mortgage. That in said resolu tions il 10 provided
in substance, that said mortgage be upon lands,
interests in lands, &c, which are embraced in the
descriptions above given, and also be upon proper
ty described substantially follows, 10 wit all
the property of said company, whether corporsaio
incorporeal, and on all the rights of property of
said company, whether legal or equitable, inciud-
ing the channel water course OF the canals, the
right OF way In the same, the locks, orldges, cai-
yerts, and all and singular the works pertaining
thereto ana belonging to said company then made
and constructed thereafter to be IN ade and con-
structed, together with the revenues OF the said
canals so constructed to be constructed and
he hydrau lie power then owned aud to be owned
by said company, and all the revenues thereof
and generally ali the revenues of the company, and
including the right of said company to receive
from the State of Wisconsin on the purchase Of the
Improvement as provided in the charter the pur
chase money to be paid therefor
Notice is also gwen that all of the lands granted
tc the State of Wisconsin by the acts and resolu-
tions of Congress above referred to- and which were
by SAID State granted to said company, have not as
yet been partitioned, set apart and selected from
the lands belonging to the United States; that all
of said lands in the State OF Wisconsin; that
many of said lands have been partitioned. set
apart and selected and the approval OF tAe Presi-
dent the United states to the same has been
certified; that lists of the lands so partitioned set
apart and selected, have been filed In the Off OF
the Secretary OF State, OF Wisconsin, and certned
copies OF such lists are hled IN the OF the
ter of Deeds for several countless respectively,
wherein said lands situated that all ofthe I'M
sold lands embraced in said lists will, with the
other property above described, be offered and SOLD
at the sale hereby noticed. Reference is
lrere made said lists, whic4 filed as afore-
said in the following counties, to-wit: Columbia,
Waushara, Calumet, Outagamis, Winnebaso, mar
athou, Richland, Trem pealeau, Marq uette, ClarS'
Vernon, Portage, Fond du Lac; Juneau, CraG,ora,
Jackson, Eau Claire, Wood, Waupacca, urern
Lake Brown, Sank, ST. Croix, Kewaunee, oconto,
Chippewa, Dunn, Adams, shawanaw, ana Doo.,
partitioned, set apart, selected and certified as
aforesaid, and the said works of improvement,
rights of way dams, locks, canals, water-powers,
nigh s. privileges, franchises, property &c, refer
ence is here made to the several acts and resoiu-
consi in relation thereto, and especially to the
acts of the Legislature of Wisconsin IN relation
thereto agPro,sd as follows a. an &C. . 2
and (S) an act approved October 9, 1855:
| That schedules giving description, as fully as
AZ nearly aoeurate as may be, viii prepared and
/ exhibited a the time and place of sale
| Dated, Appleton, February 23d, 1854.
/ ALEXANDER SPAULDlNG,- Is
/ - CHARLES BUTLER, and
| MOSES N. DAVIS, t
~ Trustees and heferees-
srryEHs & EVILS, Plaintiff s AftoInsy., v,.
feb27doaw2ln Madison, WIS
| The sale above noticed is postponed until Wed
nesdsy, the nfte nth day of June, AID lSe4, aud
| will then come of al the place and hour above
named.
| rFt ALEXANDER SPAULDINa,
CHARLES BUTLER, and
MOSES n. DAVIS,
Trus nd