Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-09-21
Notice Of Sale

/ FOND DU LAC.
Alexander Spaulding, Charles Butler and Moses NJ
Davis Trustees, Plaintiffs against Fox and Wisconsin
Improvement Company and Abraham b. lark, sole
surviving mortgage in trust defendants.
Public notice is hereby given that by vrtuQ and in
pursuance OF the terms and provisions and the power
Of sale contained in certain deed of trust, dated the
first day of December A. D. 1886, made by the Fox
and Wisconsin Improvement Company, a corporation
under the laws of the State of Wisconsin, party of
first part, TO Alexander Mitchell, Charles Butler and
aeNander Spauding, parties of the second part as
trustees to their survivor and survivors, successor and
successors in trust for the aud purposes express
ed IN SAID deed of trust and in the act OF the Legsla
ture of Wisconsin, in said deed referred and by
tue of and pursuant TO order Judgment of lie,
&c rendered in said county i'll the above entitled
ton on the fourth day of February, a ID. 1864 TO
which trust deed act and Judgment, reference is here
made, we, the undersigned Trustees and Referees for
sale, shall Wednesday, the nineteenth day Of Octo
ber 4. D 1861 ten O'Clock in the forenoon &C that
day, the office OF the Fox and Wisconsin Improve
ment Company in the village of Appleton, in the
ty of Outagamie, in the Strte OF Wisconsin, offer for
sale and sell at public auction to the highest bidder
the lands rights interests and claims, legal equta
Bile IN lands also rights of way dams, locks, canals,
water powers, works of Improvement and appurten-
said company connected with said improve ment and
property 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 under said deed of trust
successor to Alexander Mitchell resigned and that
the undersigned Charles Butler and Alexander Spaud-
ing are two Of the parties named in said trust deed
nHries OF the second part Iha by said order udg
ment of sale adudged in substance that the sale
hereby noticed viii operate pass the purchaser
purchasers at such sale, alintereSt IN SAID lands rights
property franchises &C.. &c, which is represented by
said deed and all which is vested in the de-
PENDANT Abraham Il. Clark sole surviving ga
gee in trust the mortgage in said judgment
erred to- which is represented in passed
bv said mortgage and which said mortgage is fully set
out in the complaint in this action, and is filed in the
corded in the offices Of The registers Of Deeds Tor the
county of Oltagame ana several other of the counties
hereinafter named That by said judgment it also APP
pears that the undersigned trustees and the said Clark
| mortgage IN trust, respectively. have form
been requested by the beneicares under said trust
deed and said mortgage sale be made Of the
lands property, franchises, &c, &C, herein mention
ed for the payment Of the natured unpaid indebted
ness secured bv said deed and mortgage: and which
matlred unpaid Indebtedness exists in large amount
That if the first day of sale all of the lands, proper
tv franchises &c be not sold the said sale vii be cor
tinued from day day Sundays eXcepedl long as
shall be necessary. That the said lands, property
franchises &C. will be sold in the order prescribed by
the act of the legislature of Wisconsin, relation there
to- approved October B. 1896, and that the partioued
and selected lands of which there certified lists
hereinafter stated viii be sold ia tracts exceed
| ing $40 acres each.
Notice is also given that the property, &c. hereby
noticed sale is described in said order Of judgment
of sale follows, to wit: AH he lands rights and
interests i'll claims upon to lands granted by Con
gress, in aid Of the Eos and Wisconsin Rivers I'm
| provement, th9 water powers, works OF improve
ment corporated rights, franchises, privileges, and
| all property covered by said trust deed, and the
mortgage set out in said complaint
That said property &C. is described in said deed
as follows, to wit Athe unsod lands anted TO the
Wisconsin by the several acts and resolutions
of Congress to aid Improvement Of the Fox and
Wisconsin Rivers, and all the works Of Improvement,
constructed or to be constructed said rivers and
all singular the rights al way, dams locks canals,
powers and other appurtenances of said works,
and ali rights privileges and franchises belonging to
said Improvement, and all property OF said Company
| of whatever name and descr ptlon.
That said property, &c, is described in said
gage substantially follows to wit All the property,
rights OF IvJery and interest therein of every kind
/ and nature of the Fox and Wisconsin Improvement
Company, to the extent as they mentioned in
the resolutions embodied in said mortgage. That in
sail resolutions provided Ia substance, that said
mortgage be upon lands interests in lands &c, which
are embraced in the descriptions above given, and also
BE- upon property described substantially follows,
to wit all the property of said Company, whether
corporeal or lncorporeai ana on All the rights OF prop
erty Of said Company, whether legal equitable, in
Guiding the channel water Of the canals the
right Of in the same, the locks bridges cnIyerts,
and all and singular the works pertaining thereto and
belonging said company then made and constructed
or thereafter be made and cons ructed together
with the revenues Of the said canals constructed
to be constructed and the hydraulic power then owned
and to be owned by said company and all the reve-
nues thereof; and generally the revenues of the
| company and including the right Of said company to
receive from The State % Wisconsin the purchase Of
the Improvement provided in the charter, the pur
chase money to be paid therefor.
Notice is also given all the lands granted
the of Wisconsin by the and resolutions OF
Congress- above referred to- and which were by said
State granted to said Company, have not yet been
paritioned apart and selected from the lands be
longing the United States that all of said lands are
in ths State of Wisconsin; that many of said lands
have been 50 paritioned, apart and selected and
the approval of the President Of the United states to
the has been certified that lists of the lands so
and selected, have been nitd IN
office Of the Secretary of State, OF Wisconsin. and
certified copies Of such lists filed in the Office OF the
Registers of Deeds for the several counties respective
W. wherein said lands situated that all Of the I'M
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 TO said
lists which were filed aforesaid in the following
counties to wit Columbia, WaUshara, Calumet,
Outaraulie Wfnnebago. Marathon, Richland Trem
pealeaa Marquette. Clark Vernon, Portage, Fond du
lac Ju leau Crawford, Jackson. Eau Claire, Wood,
aupac "a Green Lake, Brown, Sauk, St Croix. ke-
vaunee Oconto Chippe va Dunn, Adams. Shawanaw :,
lands partitioned apart selected and certified
as aforesaid and the said works Of Improvement rights
Of way. dams, locks, canals water-powers, rights,
privileges franchises properly &C. reference Is here
made the several acts and resolutions Of congress
and the Legislature Of Wisconsin in relation there
to and especially the of the Legislature OF
wisconsin in relation thereto, approved as follows
N an act approved July g. lS53; ~ act approved
March 81 1855; and % an act approved October 3.
1856.
That schedules giving description, as fully as practi
cable Of the property, &c, TO be Sold and nearly
accurate may be, viii he prepared aud exhibited al
the time and place Of sale
Dated, Appleton, February 23d, 1851
ALEXANDER SPAULnING,
CHARLES BUTLER, and
MOSES NJ DAVIS,
Trustees and Referees.
STEVENS L LEWIS, Plaintiffs Attorneys,
33td Madison, Has