Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-07-06
Notice of Sale al
IN CIRCUIT co JRT FOR THE
: County c: Fona du Lac.


Alexander Spaulding, Charles Butler aud Moses
NJ Davis, Trustees Plant tits against Fox and Wis
consin Improvement Company and Abraham
b Clark sole surviving mortgage in trust, de-
PENDANTS.
Pu bic notice is hereby given, that by virtue and
IN pursuance of the terms and provisions and the
power of sale ntain ed in a certain deed of trust
dated the first day of December, A. d. 1856, maze
by the Fox and Wisconsin Improvement 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 OF the second part trustees to heir Sur
yiSor and survivors, uccessor and successors in
trust for the and purposes expressed in said
deed of trust and IN the act the legislature of
Wisconsin, in said deed referred ana 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. 1864,
re which trust deed, act and Judgment, reference
is made, we, the undersigned Trustees and
Referees Tor SALE s. all on Thursday, the fifth day
OF May, A. D. 1864, at ten O'Clock in the forenoon
of that day. at the office OF the Fox aud Wisconsin
Improvement Company, in the village of APP
pIetoD in the county Of 0utagamie, in the State
OF Wisconsin, offer for sale and sell at public
ton the highest bidder, the lands rights inter
ests and claims, legal equitable in lands also
rights of way, dams, locks canals, water-powers,
works OF improvement and appurtenances, rights,
privileges and franchises belonging to said mpa-
ny connected will said Improvement, and prop
erty of cry description hereinafter described or
referred TO, upon the conditions and in the manner
hereafter speoih d.
Notice is also given, that Moses NJ Davis was duly
appoint ed and is trustee under said deedpf
trust, d successor to Alexander Mitchell resigned
and that the undersigned Charles Butler and Alex.
ander SpanldIng are two OF the parties named in
said trust deed parties of the second part That
by said order or Judgment OF sale, it is Adjudged
in distance that the sale hereby noticed win OPP
crate to ass to the purchaser purchasers at
such sale, all interest III said lands, rights proper
ty, fran chises, &c, &c, which is represented by
said deed and all which is vested in th.
defendant Abraham B. Clark, sole surviving
mortgagee in trust under the mortgage in said
Judgment referred TO, or wIch Is represented or IN
any way passed 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, and recorded in the offices Of
the Registers of Deeds for the county of 0utaga-
ME and several other of the counties hereinafter
| named That by said judgment IL also appears
that the unde ned trustees, and the said Clark
mort gage. in trust Respectively have in due form
| been requested by the benefciares under said
| trust deed and said mortgage TO cause sale to be
made of the lands, property, franchises &c, &c.,s
herein mentioned, for the payment OF the matured
unpaid Indebtedness secured by said deed aud
mort gage; and which matured unp paid indebtedness
exists in large amount That if on the first day
of sale all Of the lands, property franchises, dc,
be not sold, the said sale will be continued from
day day Sundays exceptcf) so long as shall be
necessary That the saIu lands, property, fran
chses, &C., will be sold in the order prescribed by
the act OF the Legislature OF Wisconsin in relation
thereto, approved October 3, 1896, and that the
partition ed and selected lands, of which there
certified sts hereinafter stated, will be sold in
tracts not exceeding $40 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-wit: ssAu the
lands, rights and interests in claims upon
lands granted by Congress, in aid of the Fox and
Wisconsin Rivers Improvement the water-powers
works of imp royement, corporated rights, fran
chses, privileges, and all property covered by said
trust deed and the mortgage set out IN said
plant
That said property, &c, is described in said
deed follows, to-wt: GAN the unsold lands
granted to the state OF Wisconsin by the several
acts am resolutions of Congress to aid in the i'm
provement the Fox and Wisconsin Rivers all
the works Of improvement, constructed to be
constructed said rivers, and all and singular the
rights of way, dams, locks, canals, water powers
| and other appurtenances OF said works, and ali
rights, privileges and franchises belonging to said
improvement, and all property of said Company of
whatever name and description
That said property, &c, is described in said
mortgage substantially as follows, - wit All the
property rights of property and interest therein
every kind and nature of the Fox Il Wisconsin In
provemeut Company, to the same extent as they
mentioned ia the resolutions embo died in said
mortgage. That in said resolutions it is provided
! in substance, that said mortgage be upon lands,
interests ID lands, &c, which are embraced in the
descriptions above given, aud also be upon proY4r
ty described substantially as follows, 10 wit on ali
the property OF said company, whether corporeal
| iucorp oreal and all the rights OF property of
ing tine channel water course OF the can ais, the
| right way IN the same, the locks, bridges, cul
veIts, and all and singular the works pertaining
thereto and belonging 20 raid company then made
| and constructed thereafter to be made and
| structed, together with the OF the said
| canals so constructed or TO DE constructed and
| he hydrau lie power then owned aud to h- owned
| 0y said company, and ali the revenues thereof;
and generally all the revenues OF the company, aud,
| IN Ct uding the right Of said company to receive
from the state of sconsin on the urehase OF the
| Improvement as provided ia the charter, the pur
| chase money to be paid therefor
Notice Is gwen that all of the lands granted
to the state OF Wisconsin by tn. acts and resoiu-
tlons of Congress above referred to- and which
by said State granted to said comp any, have
yet been parttioned, set apart and selected froco
the lauds belonging to the United States, that all
| of SAID lands the state OF Wisconsin; that
| many OF said lands have been partitioned. set
| apart aud selected and the approval OF the Presi-
| dent OF the United states to the same has been
certified that lists OF the lands par5ioned set
apart and selected, have been fled in the once
the Secretary of State Of Wisconsin. and certified
copies ch lists hled IN the ONCE Of the egs
tiers of Deeds for the several countless respectively
wherein said Ian is situated that all or the an
sold lands bra ced ia said lists will, with the
other property above Described, be offered and sold
| at the sale hereby noticed reference IS
here made said lists, which were filed as aiore-
| SAID in he following counties, to-Wlt; Columbia,
/ Waushara. Calumet, outagami-, Winnebago, Mar
| athon RiehIand, Tremp ealeau, Marc uette, Clark,
Vernon, Portage, Fond d. Lac. j oneau, Crawford,
Jackson, Eau Clare, Wood, Waupaeca, Green
| Lake, Brown, sauk, ST. Croix, Kewaunee, 0conto,
| Chippewa, Dunn, Adams, shzwanaw, and Door:
That further desc, ption he said Ian OF
| aforesaid, and the said works of Improvement,
rights OF way dams, locks, canals, water powers,
RICH s. privileges, franchises, property, &c, refer
ence is here made TO the several acts ana rssolu-
| tons OF Congress and .: the Legislature OF WAS
cousin in relation thereto, and esPeaay 70 .ae
thereto, approved as follows % an act approved
July 6, 1888; t2) sn act approved Marcn 81, 1890
and 49, an act approved October 8, 1880:
That schedules giving description, as fully as
practicable, of the property, &c, to be sold, and
as nearly accurate may be, will be prepared and
exhibited at the time and place of sale. ..ss-
Dated, Appleton, February 23d, 1864.
ALEXANDER SPAULDTNG,
CHARLES BUTLER, and
| MOSES u. DAVIS, =
Trustees and Referees.
| sTEyEys LEWIS, Plaintif IS Atsornsvs,
feb27doaw2m Madison, Wis
The sale above noticed is postponed until W ed.
nesday, the fifteenth day OF June, A ID 1864, and
will then come of at the place and hour above
named.
ALEXANDER sPAULDINa,
CHARLES BUTLER, and
| MOSES NJ. DAVIS,
| ap2Sdtd Trustees and Refereed.
| The sale above noticed is postponed until Tues
| day, the twelfth day of July, A. D. 1854, and vii
| then come off at the place and hour above named
ALEXANDER sfAULDING, 3
CHARLES BUTLER, and e@r.
MOSES n. DAVIS,