Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-06-29
Notice Sale.
IN CIRCUIT co JRT FOR THE
County OF FOND du La

Alexander Spauiding, Charles Butler and Moses
NJ. Davis, Trustees, Plaintiffs, against Fox and Wis
consin Improvement Company and Ahrsnam
b 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 containe ed in ain 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, trus tees their
yivor 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 an order or judgment of sale,
&c, rendered in said Court IN the above entitled
action on the fourth day of February, A. D. 1884,
&c which trust deed, act and Judgment, reference
is mere made, We, the undersigned Trustees and
Referees for sale, 81 all 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 and Wisconsin
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,
works of Improvement and appurtenanees, rights,
privileges and franchises belonging to said compa-
ny connected with said improveme nt, and prop
erty of every description hereinafter described
referred to, upon the conditions and in the manner
hereafter specif d.
No,iee is also given, that Moses Nj. Davis duly
appoin ed and is now trustee Ucaer said deed of
trust, successor to Alexander Mitchell resigned
and 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 judgment of sale, 1T is adjudged
in distance that the sale hereby noticed will OPP
crate to pass to the purchaser or purchasers at
such SALE all interest in said lands, rights, proper
ty, fran chises, &c, &c, which is represented by
said trust deed and all which is now vested in tb'
defendant Abraham b. Clark, as sole surviving
mortgage in trust under the mortgage in said
Judgment referred to- which 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 it also appears
that the undersigned trustees, and the said Clark,
tgagee in trust respectively, have in due form
been requested by the benefciaries under said
trust deed and said mortgage to cause sale to be
made of the lands, property, franchises &c, &C.,
herein mentioned, for the payment of the maturea
unpaid Indebtedness secured by said deed and
mortgage: and which matured un aid indebtedness
exists in a large smount. That if he first day
of sale all of the lands, property, franchises &c,
be not sold, the san sale will be continued from
day 10 day Sunday excepted) SO long shall be
necessary That the said 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, 1856, and that the
pc rttione ed and selected lands, of which there
certified lists 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: GAN the
lands, rights and interests in claims upon
lands granted by Congress, in aid of the Fox and
Wisconsin Rivers improvement, the ter-powers,
works of Improvement, corporated rights, fran
ohses, privileges, aud all property covered by sa
trust deed and the mortgage set out III said COM
plant"
That said property, &C. is described in said trust
deed : follows, to-wlt All the unsold 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 aud Wisconsin Rivers and all
the works of Improvement, constructed to be
ed said 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
imp vement, aud all property of said Company of
whatever name and description"
That said property, &C., is described In said
mortgage substantially follows, ~ wit All the
property rights Of property and interest therein Of
every kind and nature oil the FOX Il Wisconsin Inn
provemeut Company, to the same extent as they
mentioned in the resolutions embo died In said
mortgage. That said resolutions il is provided
| in substance, that said mortgage be upon lands,
interests lands, &c, which are embraced in the
| descriptions above given, and also be upon proper
| ~ described bstantiaIy follows. TO wit all
| the property said company, whether corpereal
| incorporeal and ON ali 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, bridges, Gull
| verts and all and singular the works pertaining
| thereto and belonging 10 taid company then made
and constructed or thereafter to be made and con-
structed, together with the revenues OF the said
| canals so constructed or to be constructed ana
| the hydraulic 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 the purchase of the
| improv ement provided in 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 the acts and resol u
tons of Congress above referred to, and which
by said State granted to said company, not az
| 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 SO 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 so paritioped, set
apars and selected, have been filed in the once o
the Secretary of State, OF Wisconsin. and certified
copies such lists filed in the office OF the Regis
tiers Deeds for the several counties, respectively
wherein said lands situated; that all OF the =
| sold lands embraced in said lists will, with the
other property above described, be offered and sold
the sale hereby noticed. reference Is
mere made said lists, which were flied afore-
said in the following coun.ies, to-wit: Colum Dia,
Waushara, Calumet, OutagaIni-, Winnebago, Mar
athon, Richland, Irempealeau, Marquette, CLARK,
Vernon, Portage, Fond la Lac. Juneau, Crawford,
| Jackson, Eau Clare, Wood, Waupaeca, Green
| Lake, Brown, sauk, St. Croix, Kewaunse, Oconto,
| Chippewa, Dunn, Adams, shawanaw, and Door:
That for further description OF the said lands not
| partitioned, set apart, selected and certified as
| aforesaid, and the said works CT Improvement,
| rights of way dams locks, canals, water powers,
| rgh s. privileges franchises, property, &c, refer
ence ia here made to the several acts anu resoIu-
tons of Congress and OF the legislature OF Wis
| consip in relation thereto, and especially TO the
| acts of the Legislature OF Wisconsin in relation
thereto. approved follows a. an act approved
and g, an act apgyoved October 3, 1856:
. | That schedules giving description, fully as
a. nearly accurate as may be, viii be prepared and
| exhibited at the time and place of sale.
Dated, Appleton, February 23d, 1851
ALEXANDER oPAULDING,
CHARLES BUTLER, and
| MOSES VI. DAVIS,
Trustees and Referees.
STEVENS & LEWIS, Plaintiff Attorneys,
feb27doaw2m Madison, Wis.
The sale above noticed is postponed until W ed
/ nesday the fifteenth day Of June, A. 1864, ant
will then come of at the and hour sbov
: named.
. ALEXANDER SPAULDING,
CHARLES BUTLER, and
| MOSES N. DAVIS,
ap2sdtd Trustees and Referees.
3 Tho sale above noticed Is postponed until Tues
day, the twelfth day of July, A. D. 1854, and vii