Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-05-25
Notice of Sale.
IN CIRCUIT COURT FOR THE
[ County of Fond du Lac.

Il
Alexander Spaulding, Charles Butler and Nose.
NJ Davis, Trustees, Plaintiffs, against Fox and Wis
consin Improvement Company and Abraham
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 contained in a 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 aud Alexander Spaulding
parties of the second part, trustees their sur
yiyor and survivors, successor and successors in
trust for the and purposes expressed in said
dec, OF trust and in the act OF the Legislature of
Wisconsin, in said deed referred to and by virtue
ofahd pursuant to an order or judgment of sale,
&c, rendered in said Court the above entitled
action the fourth day OF February. 4. d. 1854.
70 which trust deed, act and judgment, reference
Is mere made, we, the undersigned Trustees and
referees Tor sale shali on Ihursday, the nth day
of May, A d. 1864, ten o'clock in the forenoon
Of that day, at the office OF the Fox and Wisconsin
Improvement Company, in the village of Ap-
pleton, in the county OF Outagamie, in the State
of Wisconsin, offer for sale and sell at public
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 appurtenan ees, rights,
privileges and franchises belonging to said compa-
ny connected wit h said improvement, and prop
erty of every description hereinafter described or
referred TO, upon the conditions and in the manner
hereafter specified.
Notice is also given that Moses NJ. Davis was duly
appoin ed and Is now trustee under said deed of
trust, successor to Alexander Mitchell resigned;
and that the undersigned Charles Butler and Alex
said trust deed parties of the second part That
by said order judgment of sale, it is adjuGged
in ubstance that the sale hereby noticed will op
crate TO pass to the purchaser or purchasers at
such saie all interest in said lands, rights, proper
ty, franchises, &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
Ju d5ment referred to- or wich IA 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 lied in the Office OF the Secretary OF
State of Wisconsin, and recorded in the offices OF
the Re listers OF Deeds for the county of Outaga-
ME ard several other OF the counties hereinafter
named That by said Judgmer+ 1t also appears
that the undersigned trustees, and the said Clark
gagee in trust, respectively, have in due form
been requested by the benehciares 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 matured
unpaid Indebtedness secured by said deed aud
mortgage: and which matured unpaid Indebtedness
exists in large amount That if on the first day
Of sale all Of the lands, property, franchises &c,
be sold, the said sale will be continued from
day day Sundays excepted) so long shall be
necessary. That the said lands, property, fran
chises, Nc. will be sold in the order prescribed by
partitioned and selected lands, of which there
certified lists hereinafter stated, will be sold ia
tracts not exceeding 90 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 All the
lands, rights and interests in or claims upon or to
lands granted by Congress, in aid Of the Fox and
Wisconsin Rivers Improvement, the water powers
works OF Improvement, cOrpordted rights, gan
chises, privileges and all property covered by said
trust deed, and he mortgage set out in said COM
plant
That said property, &c, is scribed in said
deed as follows, to-wit :" 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 ali
the works of Improvement, constructed or to be
construct said rivers, 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 cnt, and all prof erty 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 OF
every kind and nature of tie Fox Wisconsin Inn
pruvemcut Company, to me same extent as they
are meut Ioued III the resolutions embodied IN said
mortragc- That IN sad resolutions il is provided
in subs tancc. that salt mortgage be upon lands,
interests iu lands, &c which are embraced ia the
descriptions above gIyrn, and also be upon proper
ty described bstantAliy follows, to wit all
the property OF said company, whether corporea or
iucorporeal, and on ali the rights Of property OF
said company, whether legal or equitable, includ-
ing the channel waite. course OF the canals, the
right OF way in the same, the locks, bridges, cul
verts, aud all and singular the works pertaining
thereto aud belonging 10 tald company then n'-oe
and constructed or thereafter to be made and con-
structed, together with the revenues Of the said
canals 50 constructed or to be constructed and
lie hydrau lie power then owned and to be owned
by said company, and all the revenues thereof
and generally all the revenues OF the company aud,
including the right OF said company to receive
from the state of Wisconsin the purchase of the
Improvement as provided 10 The charter, the pur
chase money TO be paid therefor
Notice is also gwen that all of the lands granted
to 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 the United States, that all
of said lands the State OF Wisconsin,; that
many Of said lands have been 50 partitioned. set
apart aud seectet and the approval OF the Presi-
dent o! the United states to the same has been
certified lists OF he lands so partltioned set
apart and seected, have been filed In the office OF
the Secretary Of state, of Wisconsin, and certif ID
couies of uc lists are filed IL the Office OF the Regis
tiers Deeds for the several countless respectively,
wherein said lands situated that all OF the IN
sold lands embraced IN said lists viii, with the
property above described, be offered and sold
a the sale hereby noticed. Reference Is
here made to said lists, which were filed as aiofe-
said in the following counties, to-Slt+ column ia,
Waushara, Calumet, 0utagami", Ninneoago; Mar
athon, RichIand, Iremp ealeau, Marquette, CaaIs'
Vernon, Portage, Pond ia Lac. Juneau cFA"iO
Jackson, Eau Claire, Wood, hauPacca, uIern
Lake Brown, Sank, st. CroiG, heWauhee, ocoHIor
| Chippewa, Dunn, Adams, shawanaT, and Door;
That for further description Of the said lands, mot
| partitioned, apart, selected ana certlhed as
aforesaid. and the said works OF improvement,
rights Of way, daEs, IocHsr canals, "a'er-po"srs,
rtgh 8 privileges, franchises, property, &C. refer
encc is here made to the several acts and resolu
| lions OF Congress and OF the Legislature Of Wis
cousin in relation thereto, and especially to the
acts Of the Legislature OF Wisconsin IN relation
thereto, approved rs follows a. an act approved
/ July g. 1888; % act approved March 81, ls3ai
and t3) act approved October 3, 1856:
That schedules giving description, as fully as
practicable, of the property, &c, TO be sold, ana
/ as nearly accurate az may be- will be prepared and
exhibited at the time and place OF SALE.
| Dated, Appleton, February 23d, 1861.
! ALEXANDER SPAULDlN6,
| CHARLES BCTLER, and
| MOSES II. DAVIS,
! Trustees and Referees
| sIEvEss & LEWIS, Plaintiff sAttornsys,
feb27d oaw2m Madison, Wis.