Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-04-13
Notice of Sale.
TN CIRCUIT COURT FOR THE
L County of Fond du Lac.

II
Alexander spaulding, Charles Butler and Moses
VI. Davis Trustees, Plaintiffs, against Fox and Wis
consin improvement Company and Abraham
B. CLARK, sole surviving mortgages in trust, de-
PENDANTS
Public notice is hereby given, that by virtue aud
in pursuance of the terms and provisions and the
power Of sale contained in d. certain deed OF trust
dated the first day of December, 4. 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 Alex ander SpauIding.
parties OF the second part, trustees, their
vivor and survivors, successor aud successors in
trust tor the uses and purposes expressed in said
deco of trust and in the act Of the Legislature OF
Wisconsin, in said deed referred to ana by virtue
OF and pursuant TO an order or judgment OF sale,
action on the fourth day of February, 4. d. lS0-,
70 which trust deed, act and judgment, reference
Is mere made, we, the undersigned Trustees and
Referees Tor sale, stau on Thursday, the attn day
OF May, A. D. 1864, at ten o'clock ia the forenoon
Of that day. at the Office of the Fox and Wisconsin
improvements Company, IN the village Of Ap-
pleton, in the county Of Outagamie, in the State
Of Wisconsin, offer for sale and sell ct public
ton to the highest bidder, the lands rights, inter
ests and claims, legal equitable in lands, also
rights Of way, dams, locks, canals, water-powers,
works Improvement and appurteuance rights,
privileges aud franchises belonging to said compA-
ny 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 was duly
appointed and is trustee under said deed of
trust as successor TO Alexander Mitchell resigned;
and t5at the undersigned Charles Butler and Alex
said trust deed parties of the second part That
by said order or Judgment OF sale, 1t is adiudged
in substance that the sale hereby noticed viii op
crate to pass 70 the purchaser or purchasers at
such saic all 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 B. Clark, sole surviving
mortgage in trust under the mortgage in said
judgment referred to- or "Ich Is represented or IN
any way passed by said mortgage; and which said
mortgage is fully set out IN the complaint 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 Outaga-
ME and several other Of the counties hereinafter
named. That by said judgment il also appears
that the uudersis trustees, and the said Clark
MORTGAGE in trust. respectively have in due form
been requested by the benehcieries under said
trust deed and said mortgage to cause sale to be
made of the lands property franchises Sc &C.
herein mentioned, for the pay ent of the matured
unpaid indebtedness secured by said deed aud
mort gage; and which matured unpaid indebted 0sss
exists IN large amount. That if on the first day
of sale all Of the lands, property, franchises &e,
be not sold, the said sale will be conuTh- ii from
day day Sundays excepted) SO long is shall be
necessary That the said lands, property, fran
chises &c, viii be sold in the order prescribed By
act of the Legislature OF Wisconsin in relation
paIs:rioncd and selected lands, Of which there
certified lists, hereinafter stated viii be sold in
tracts not exceeding go acres each.
Notice Is also given, that the property, &c.,
hereby noticed for sale, is described ia said order
or Judgment Of sale follows, to-wit: GAN the
lands, rights and interests in or claims upon TO
lands granted by Congress, in aid Of the Fox and
Wisconsin Rivers Improvement. the water powers,
works OF improvement, corporated rights, fran
chises, privileges, and all property covered BY said
trust deed, and the mortgage set out in said com
plant"
That SAID property &c, is described in said trust
deed as follows, to-wit - All the unsoid lands
granted 10 the State Of Wisconsin by the several
acts and resolutions Of Congress 70 AID IN the I'M
provement Of the Fox and Wisconsin Rivers and all
the works Of improvement, constructed or 20 be
constructed said rivers. and all and singular the
rights Of Wa, dams, locks, canals water-PoWer-
and other appurtenances OF said works, and all
rights privileges aud franchises belonging 70 said
INN mt n SAID Company
whatever name and description
That said property, &c., is described in said
mortgage substantially a. follows - wit All the
property rights Of property aud interest therein OF
every kind and nature of the Fox & Wisconsin In
provcmcnt Company, to the same extent as they
are mentioned in the resolutions embodied ia said
mortgage That IN said resol utions il Is provided
in substance, that said mortgage be upon lands,
interests in lands, &c, which are embraced in the
dissertations above given and also be upon proper
~ described substan TALLY follows, to Wit all
the property OF sad company "heIhes COZ PoIea- %
iacorporeal, and on all the rights OF property OF
said company, whether legal or equitable, inolud-
inE the channel or water course OF the canals, the
right Of way in the same, the locks, bridges, cul-
yerts, and all and singular the WORKS pertaining
, thereto and belonging TO rald company then made
and constructed thereafter TO re made and con-
structed, together with the revenues Of the said
canals 80 constructed or to be constructed and
:he hydraulic power then owned aud 20 be owned
by said company, and all the revenues thereof
ana vauerafIy an the revenues OF the company and,
including the right OF said company 70 receive
from the state Of Wisconsin the purchase Of the
Improvement as provided in the charter, the pur-
chase oney to be paid therefor
Notice is also given that all OF the lands granted
to the state Of Wisconsin by the acts and rssolu
tious CONGRESS above referred to, and which were
by granted to said 1panY, have net
vet been partit!oned, set apart and selected from
the lands belonging 10 the United states that all
Of said lands are in the state OF Wisconsin; that
( raanT Of said lands have been partitioned set
! arart an selected and the approval Of the Pres
{ dent Of the United states to the same has been
certified: that lists Of the lands partitioned, set
apart aud selected have been filed in the ONCE OF
the Secretary OF State, of Wisconsin, and certified
copies Of uch Lists filed il the ONCE OF
tiers Of Deeds for the several counties RESP ecFey
wherein said lands situated, that al OF the IN
/ sold lands en- braced IN said lists will, WITH the
other urouerry above described, be offered ana so ~
/ at the sale hereby noticed reference Is
here made said lists. which were nIed as aI9Ie-
said IN he following counties, to-Elt; COLUMBIA,
I WaIsbara, Calumet, Outagamis, Nlnnebago, Mar
athon, Richland, Trem pealeaus Marquette, CLARK,
| JACKSON, Eau Claire, Wood, Waupaeca, Gre-n
Lake Brown, Sauk, St. CEoix, Kewaunee, OcoHto,
Chippewa, Dunn, Adams, ShawaEaw, and Door
That further desct iption Of the said lands OF
partitioned- set Ap select ed and certihed as
| aforesaid, and the said works Of Improvement,
rlh 8 privileges, franchises, property, ac, refer
ence il here made to the several acts and rssoIu-
| lions OF Congress and OF the Legislature OF WIS
| consn in relation thereto, and especially TO the
thereto, approved follows az an act approved
July 6, 1885, % an act approved March 81, 1890
| and Isl an act approved October 3, 1855;
| That schedules giving description a. fully "a
practicable, of the property, ae-, to be sold, and
as nearly accurate as may be, will be prepared and
| exhibited at the time and place OF SALE
Dated, Appleton, February sd, 1867.
ALEXANDER SPAULDING,
| CHARLES BUTLER, and
MOSES u. DAVIS,
ID