Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-03-23
Notice of Sale.
TN CIRCUIT COURT FOR THE

L ~ SlINOoII W. L Il Oll
il County of Fond du Lac
Alexander Spaulding, Charles Butler and Moses
VI. Davis, Trustees Plaintiffs, against Fox and Wis
consin Improvement Company and Abraham
b. Clark, sole surviving mortgagee 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 contain ed in deed of trust
dated the first dav of December A. d. 1856 1naae
by the Fox and Wisconsin Improvement Com
pauy. corporation under the laws of the State
of Wisconsin, party of the first part Alexander
Mitchell, Charles Butler and Alexander Spauldng,
parties of the second part, trustees to their
viyor and survivors, successor and successors in
trust for the and purposes expressed in said
deed of trust and n the act of the Legislature of
Wisconsin, in said deed referred TO and by virtue
@c., rendered IN sand Court In the above entitled
action the fourth day OF February. a. d. 1864,
&c which trust deed, act aud judgment, reference
Is mere made, we, the Undersigned Trustees and
Referees Tor sale, s. all Thursday, the fifth day
OF May, A. D. 1864 at ten o'clock in the forenoon
Of that day, the Office Of the Fox and Wisconsin
Improvement Company, in the village Of APP
plc.ou, in the county Of Outagamie, III the State
of Wisconsin offer for sale and sell at public auc
ton the highest bidder, the lands, nights, inter
ests and claims, legal equitable in lands, also
rights of way, dams, locks, canals, water powers,
works Of Improvement and appurtenance s rights,
privileges and franchises belonging to said compa-
ny connected with said improvement, and prop
orty of every description hereinafter described
referred to- upon the conditions aud in the manner
hereafter specified.
Notice is also given, that Moses NJ. Davis was duly
app ointe and is now trustee under said deed of
trust, successor to Alexander Mitchell resigned;
and that the undersigned Charles Butler and Alex
auder Spauldlng are two OF the parties named in
said trust deed parties of the second part. That
by said order judgment of sale, it is adjudsed
in substance that the sale hereby noticed will OPP
crate to pass to the purchaser purchasers at
such sale, all in said lands rights, proper
tv fran chises &c, &c. which is represented by
said trust deed, and all which vested in the
defendant Abraham b. Clark, sole surviving
raortgagee 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 III 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 1t also appears
that the under signed trustees, and the said Clark
mort gagee in trust respectively, have in due form
been requested by the benehcares 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 ofthc matured
unpaid indebtedness secured by said deed and
mortgage; and which matured unpaid Indebtedness
exists in i large amount. That If he first day
sale all of the lands, property, franchises &c,
be not sold, the said sale will be continued from
dav to duy SUNDAYS excepted) so long as 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 ), 1856, and that the
partition ed and selected lands, of which there
certified lists, hereinafter stated, will be sold in
tracts not exceeding go each.
Notice is also given, that the property, &c,
hereby noticed for sale, il described in said order
or judgment of sale follows, to-wit: GAN the
lands, rights and interests in claims pom to
lands granted by Congress, in aid Of the Fox and
Wisconsin Rivers improvement, the water powers,
works of improvement, coTporated rights, fran
chises privileges, aud all property covered by said
trust deed, and the mortgage set out in said COM
plaint.'
That said property &c. is described in said trust
deed as follows. to-wIt: IAN the uusod 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 or to be
ustruct ed said rivers, and all and singular the
rights of way, dams, locks, canals, "ster-powers
and other aUpurtenances of said works, and all
rights privileges and franchises belonging to said
improvements, and all property Of SAID Company OF
whatever name and description
That said property, &c, is described in said
mortgage substantially As follows, TO wit All the
property rights Of property and interest therein of
every kind and nature Of the Fox Il Wisconsin I'm
proven emf Company, to the same extent as they
are men Toned in the resolutions embodied in said
mort gage That in said resolutions il is provided
in substance, that said mortgage be upon lands,
interests in lands, &C. which embraced in the
descriptions above given, and also be upon proper
~ described SUBSTANTIALLY as follows 20 wit on sI
the property OF said company, whether corporea or
incorPoreal, and on all the rights OF property OF
said company, whether legal or equitable, includ
log the channel water course OF the Canals the
right OF way in the same, the locks, bridges Gull
veTts, and all and singular the works pertaining
thereto and belonging to Faid company then made
and constructed or thereafter 10 he made and con-
structe /, together with the revenues of the said
can ais so constructed TO be constructed and
| the hydraulic power then owned and 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 reeeIFe
from the state Of Wisconsin the purchase OF the
Improvement as provided in the charter, the pur-
| chase money to be paid therefor
Notice is also given that all of the lands granted
to the State Of Wisconsin by the acts and resoin-
lions Of Congress above referred to- and which were
by said State granted to said company have not as
vet been partitioned, set apart and selected from
Tho lands alon zfng to the United states that all
! of said lands are the State Of Wisconsin; that
/ many OF said lands have been 50 partitioned set
apart and selected and the approval Of the Presi-
/ dent OF the United States to the same has been
ed that lists of the lands partltoned set
apart and selected, have been filed IN the once oil
the Secretary OF State Of Wisconsin. and certfhed
copies Of uc lists tiled IN the office OF the egs-
tiers of Deeds for the several counties, respectively
wherein said lands situated; that all or the IN
| sold lands embraced in said lists viii, WIT the
other property above described be offered AND sold
( at the sale hereby noticed Reference IL
here made said lists. when were hled as afcre-
/ said in the following Counties to-wlt; Columbia,
/ Waushara. Calumet, Outagamt~, Winnebago, Mar
athon. Ricniand, Tremp eaieau, Marqu ette, Clark,
Vernon, Portage, Fond du Lac. Juneau, Crawford,
/ jackson, Eau Claire, Wood, Waapacca, Gresn
/ Lake Brown, Sauk, ST. Croix, kewaunee, oconto,
Chippewa, Dunn, Adams, ShawaDaw, and Door.
That fur her desc iption Of the said Ian
Z partitioneds set apart selected aud certified as
I aforesaid, s-.Id the said works OF Improvement,
rights OF Say, dams locks, canals, water-powers,
rIgh privileges, franchises property, &c, refer
sDce Is here made to the several acts and resoiu-
tons of Congress and of the Legislature OF WIS
coDsin ia relation thereto. and especially TO the
acts of the Legislature of Wisconsin IL RELATION
thereto, approved follows a. an act approved
July 8, 1855 ~ On act approved March 81, 1880
and t3) an act approved October 2, 1856
That schedules giving description, as fully .;
practicable, OF the property, &e, to be soid, and
nearly accurate may be, will be prepared ant
{ exhibited at the time and place of sale.
Dated, Appleton, February 23d, 1861
ALEXANDER SPAULDING, ~
, CHARLES BUTLER, and