Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-03-30
Notice of Sale.
IN CIRCUIT COURT FOR THE

Alexander Spaulding, Charles Butler and Moses
NJ. Davis. Trustees Plaintiffs, against Fox and Wis
consin Improv ement Company and Abraham
b. CLARK, sole surviving mortgage in trust, de-
PENDANTS.
in pursuance of the terms and provisions and the
pewer OF sale contain ed in certain deed of trust
ed the first day of December, A. 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 Alexander Spaulding,
parties of the second part, trustees to their
viyor 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 dgment of sale,
&c, rendered in said Court in the above entitled
action on the fourth day of February. A. D. 1864,
TO which trust deed, act and judgment, reference
is mere made, we, the undersigned Trustees and
Referees Tor sale shall on Thursday, the fifth day
of May, A. d. 1854, at ten o'clock in the forenoon
Of that day. at the office OF the Fox and Wisconsin
Improvement Company, IN the vintage OF APP
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 equitable in lands, also
rights of way, dams, locks, canals, wster-powers,
works of Improvement and appurtenances, rights,
privileges and 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 manne.
hereafter specified.
Notice is also given that Moses II. Davis was daily
APPOINTED and is trustee under said deed OF
trust Us successor to Alexander Mitchell resigned;
aud that the undersigned Charles Butler and Alex
audeT
said trust deed parties of the second part. That
by said order judgment Of sale, it is adjudged
in 81 bstance 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 vested in the
defen dant Abraham u. Clark, sole surviving
mortgagee in trust under the mortgage in said
Judgment referred to, or which is represented 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
Etata nf recorded Oftieps n
the Registers of Deeds for the county of 0utsga-
ME and several other of the counties hereinafter
named That by said judgment it also appears
that the under ed trustees and the said Clark,
gagee in trust, respectively, have in due form
been requested by the benetciaries under said
trust deed and said mortgage to cause sale to be
made of the lands, property, franchises, dc, &C.,
herein mentioned, for the payment of the matured
unpaid indebtedness secured by SAID deed and
mort gage; and which matured uni aid Indebtedness
exists in large amount. That if on the first day
of sale all OF the lands, property, franchises, &c,
be not sold, the said sale will be continued from
day day Sundays excepted) so long as shall be
necessary. That the said lands, property, fran
chises &c, will sold in the order prescribed by
the act of the Legislature of Wisconsin in relation
thereto, approved October 3, 1856, and that the
partitioned and selected lands, of which there
certified lists, herein after stated, will be sold in
tracts not ex ceeding $40 each.
Notice is also given, that the property, &c,
hereby noticed sale, is described in said order
or Judgment Of sale az 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
That said property, &c, is described in said
decd as follows, to-wit 81 All the unsold iaa DIS
Granted to the State of Wisconsin by the several
acts and resolutions of Congress TO aid in the i'm
provement Of the Fox and Wisconsin Rivers and all
the works of improvement, constructed or to be
construct ed 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
Improvement, aud all property of said Company OF
whatever and description
That said property, &c. is described in said
mortgage substantially as follows, tn wit All the
property rights OF property aud interest therein OF
every kind and nature of the Fox Wisconsin I'M
proven emit Company, to the same extent as they
are mentioned in the resolutions embodied in said
mortgage That in said resolu tons 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, to wit on all
the property said company whether corporeal or
incorporeal, and ON all the rights of property OF
said company, whether legal equitable, includ-
ing the channel or water course of the canals, the
right way IN the same, the locks, bridges, cul-
! verts and all and singular the works pertaining
| thereto and belonging to paid company then made
and constructed thereafter to be IN ade and con-
structed, together with the revenues of the said
/ canals f constructed or to be constructed and
4 the hydra lie power then owned and tc be owned
! by said company, and all the revenues thereof
and generally all the revenues OF the company, and
/ including the right Of said company to receive
/ from the State of Wisconsin the purchase OF the
| chase money to be paid therefor.
Notice is also given that all OF the lands or ted
! To he of Wisconsin by the acts and resoiu-
tons 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
The lands belonging the United States; that all
/ of said lands in the State OF Wisconsin; that
many of said lands have been partitioned, 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 partionec, set
apart and selected have been filed in the ONCE OF
the Secretary of State, Of Wisconsin, aud certih ed
copies ofsuch lists fled in the Office Of theR egs-
tiers of Deeds for the several countless respectively
wherein said lands situated; that all OF the IN
| sold lands embraced in said lists will, with the
other property above described be offered ana SO 10
at the sale hereby noticed Reference
1 here made said lists, which were nled as aiore
said in the following counties, to-wit: Columbia
Wsushara, Calumet, Outagamis, Winnebago, Mar
| athon Richland, Trempealeau, Marquette, Clark
/ Vernon, Portage, Fond du Lac. Juneau, Crawford
/ jackson, Eau Claire, Wood, Waupaccs, GresI
| Lake. Brown, sauk, st. Croix, Kewaunse, 0conto
Chippewa, Dunn, Adams, Shswanaw, and Door
That for further description of the said Ian no
/ partitioned, set apart, selected and certified q
aforesaid, and the said works of improvement
rights OF way, dams, locks, canals, waite powers
RICH 5, privileges franchises, property, hc reei
ence is here made to the several acts and resoiu
tons of Congress and of the Legislature OF VIII
coBsin IN relation thereto, and especially TO tn
= acts OF the Legislature of Wisconsin in reiatio
thereto, approved as follows ~ an act approve
July 6, 1888; (2) an act approved March 81, 1895
and 80 act approved October 3, 1886:
r That schedules giving description, ~ fully
practicable, Of the property, &c, to be Sold An
! as nearly accurate may be- will be prepared an
exhibited at the time and place OF sale.
Dated, Appleton, February 23d, 1854.
ALEXANDER SPAULDING,
CHARLES BUTLER, and
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