Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-09-28

I y IN, IN 80 .pIhI FOX TIE COJNIH Or
Alexander spauding, Charles Butler and Moses NJ.
Davis, trustees, Plaintiffs against Fox and Wisconsin
improvement Company and Abraham b. Clark, sole
surviving mortgage in trust, def ndants.
Public notice Is hereby given, that by virtus and In
pursuance OF the terms and provisops and the power
OF sale contained in certain deed OF trust dated the
first day Of December, \ d. 1850, made by the Fox
/ and Wisconsin improvement Company, corporation
under the laws of the State Of Wisconsin party Of the
first part, to Alexander MITCHELL Charles Butler and
Alexander Spauldiur, parties of the second part as
trustees their survivor and survivors, successor and
successors in for the and purposes express
ed in said deed Of trust and In the ACT OF the eyi-Ia
ture of Wisconsin, in said deed referred and by yr
tue OF and pursuant to order or Judgment of ste,
&c, rendered in said county in the above emitted
ton on the fourth day Of February \. y. 1854, TO
Inch trust deed act and Judgment reference is here
made, the undersigned Trustees and Referees for
sale SHAH on Wednesday, the nineteenth dag of Octo
Der, \. D. 1864, o'clock in the forenoon OF that
day at the Office of the Fox and Wisconsin Improve
Inent Company, in the village Of Appleton in the cOun
o. OIag tIe, IN the stu OF Wisconsin, oner Tor
sale and sell at public auction to the highest bidder,
the lands rights Interests and claims legal or equita
DIe IN I'as, also rights OF way dams, locks, canals,
water powers, works Of improvement and appurten-
anGes rights, privileges aud franchises belonging to
slio company rconneced with said Improvement, and
property Of every description hereinafter described
referred to- upon the conditions and in the manner
hereafter specified.
Notice is also given, that Moses VI. Davis was duly
appointed and is trustee under ssd deed Of trust
as successor TO Alexander MI ell, resigned and that
the undersigned Charles Butler and Alexander Spaud-
ing are two Of the parties named in said deed
parties of the part That by said iudg
meut Of sale it is adjudged substance that the sale
hereby noticed viii operate to pass to the purchaser
purchasers at such sale, Interest in said lands rights
property, franchises &C. &c, which is represented by
said trust deed and all which il now vested in the de
PENDANT Abraham b. Clark, sole surviving mortga-
gee in trust under the mortgage in said judgment
erred to, or which IS represented or any passed
in thu complaint the action is filed in the
oidce of the Secretary Of State Of Wisconsin, and
corded in the Offices of the REGISTERS of Deeds for te
county of Outagame several other of the counties
hcreuaft named. That by said Judgment it as APP
peas that the undersigned trustees and the said Clark
Fg-ti hay in flpa e,
been requested by the bcnghcaries under said trust
deed and said mortgage to sale 70 be made Of the
lands, property. franchises &c. &c, herein mention
ed, for the payment Of the maured unpaid indebted
ness secured 10y said deed and mortgage; and which
Iuatured unpaid Indebtedness exists in large
That If on the first day of sale all Of the lands proper
y, franchises &c be not Sold the said sale vii be
uued from day TO day Sundays eNceptedj so long
shdll ne necessary ih&t the sad lands, operty,
franchises &c, wi be sold in the order prescribed by
the act of the legislature 0C Wsc1n~iuin relation there
to, approved october . 1906 and that the partidoned
and selected lands, Of which there certified lists
hereinafter stated win be sold in tracts exceed
/ ing 90 acres each.
Notice is also given thatthe property, &c, hereby
noticed for lie is described in said order OF Judgment
Of sale as follows, to wit: All he lands, rights and
interests in claims upon lands granted by Con
grcss, in aid of the Fox ana Wisconsin Rivers I'm
/ provemeut, tho water powers, works Of improve
I mcnt c1rporated rights franchises privileges ana
I all property covered by said trust deed and tle
! mortgage set out in said complaint"
That said properly &c, is described in said trust deed
follows. wit AIlthe uns5ld lands anted the
State Of Wisconsin v the several acts ana resolutions
of Congress aid In tn Improvement of the Fox and
Wisconsin Rivers and all the NO Is Of Improvement,
constructed or to be constructed said rivers and
all and singular the rights OF way DAMS locks canals,
powers, and other appurtenances Of said works,
and all rights privileges and franchises belonging
said Improvement, and all property Of said Company
[ Of whatever name aud description"
That said property, &c. is described in said mort
gage substantially follows, to wit All the property,
tights OF property and interest therein OF every KIND
/ aud nature of the Fox and Wise, usin improvement
Company, TO the same extent IS they are mentioned IN
the resolutions embodied N said mortgage. That in
sail resolutions It is provided in substance that said
mortgage be upon lands interests in lands, &c, which
are embraced IN the descriptions above gwen, and also
be upon property described substantially as follows,
to wit all the property Of said Company, Gicther
corporeaI or ncorporeal and on all the rights ot prop
ery OF said Company, whether legal equitable, in
Guiding the channel water Of the canas5 the
right Of way in the same the locks bridges. culverts
aad all and singular the works pertaining hereto and
belonging to said company then made aud constructed
or thereafter to be made and construct ed together
with the revenues Of the said canals constructed
to be constructed and tie hydraulic power then owned
and to be owned by said company, and all the reve
npauy and, including the right Of said company 20
receive from the state Of Wisconsin the purchase Of
I chase money be paid therefor.
Notice is also given that all O. the lands granted to
the state Of Wisconsin by the acts and resolutions Of
Congress above terredt to, and which were by said
state granted 10 said Company, have not yet been
partitioued apart and selected from the lands be
longing 70 the l5ted States tt all 81 sa3d lanes are
in thu State Of wisconsin, that many Of said lands
the approval OF the President Of the TINTED states 70
the same has been certified that lists Of the lands 50
partitioned apart and selected, have been fled in
the office Of the Secretary Of State, % Wisconsin and
certified copies Uf such lists fled in the Office Of the
Registers Of Deeds for te several counties respective
Is. wherein ii lands situated; that all Of the IN
sold lands embraced in said lists will, with the other
property above described BE- offered and SOLD at the
sale hereby noticed Reference IS here made 70 said
lists, which Hed aforesaid in the following
counties to wit Columbia, Waushara, Calumet.
I Outagamie, Winne6ag1, Marathon, Hchiand. TreHI-
pealeau Marquette CLARK, Vernon, Portage, Fond dE
Lac juneau. Crawford, Jackson. Eau Claire, " God,
y aGpacca, Green Lake Brown, Sauk, St Croix. he
wauuee Ocouto, Chipps "a, Damn, ADAMS Shawn 'y'
and Door That for further description Of the said
lands parioned set apart selected and certified
a. aforesaid and the said works Of imPrC rights
Of way, DAMS locks, canals, wateTpowers, rights,
privileges franchises. property, &c, reference Is here
made the several acts and resolutions q Congress
and the Legislature Of Wisconsin IN relation there
to- and especially TIE acts Of the Legislature Of
Wisconsin in relation thereto, approved as follows
IN an act approved July g. 1915; 90 act approved
March 81, 1875; and 81 act apprc-e1 GctobSr 3,
1855.
That schedules giving description, as fully pTacti
cable OF tire property. &C, 10 be sold, and nearly
accurate may be, viii be prepared and exhibited at
the time and place Of sale.
Dated Appleton, February 23f. 1S64-
( ALEXANDER SPAULnING,
CHARLES BUTLER, and
MOSES NJ DAVIS,