Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-04-27
Notice of Sale.
IN CIRCUIT COURT FOR THE

N CIRCUIT COURI. FOR THE
il County of Fond du Lac
Alexander Spauldng, Charles Butler and Moses
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 certain deed OF trust
dated 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 Alexande Spauding
parties of the second part as trustees TO their
vivor 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 deei referred to and by virtue
of and pursuant TO an order or judgment of sale,
&c, rendered in said Court in the above entitled
action on the fourth day of February. A. d ISt4.
to which trust deed, act and judgment, reference
is mere made, we, the undersigned Trustees and
Referees for sale, shall on Thursday, the h.h day
May, A. d. 1864, at ten O'Clock IN the forenocn
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 Wise oasin ofer sale and sell at public auc-
ton to highest bidder, the lands rights inter
ests and claims, legal equitable in lands, also
rights of way, dams, locks, canals, water-powers.
works of improveme and appurtenanees, rights.
privileges and franchises belong iug TO said compa
ny or connected with said improvement and prop
erty 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 now trustee under said deed Of
and that the undersigned Charles Butler aud Alex
andeF are two OF tho P"sss FAMED in
by said order or judgment OF sale, it is adiudged
in substance that the sale hereby noticed viii on
crate TO pass TO the purchaser or purchasers so
such sale, all interest IN said lands, rights proper
ty, fran chises &c, &c, which is represented Uy
said trust deed, and all which is vest ed in the
defendant Abraham u. CLARK, as sole suryiyil.
mortgage in trust under the mortgage in said
judgment referred to, which is represented or IL
any way passed by said mortgage; and which said
lair i'm r.
action, and is filed IN the Office of the Secretary ot
State of Wisconsin, and recorded in the of,ices .r
the Registers OF Deeds for the county of Outaga.
ME and several other of the counties hereinuffer
named. That by said Judgment it also appeqrs
that the undersigned trustees, and the said CIarE
mortgage in trust, respectively, have in due form
been requested by the benefciaries under sad
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 nature
unpaid Indebtedness secured by said deed huJ
mortgage; and which matured unpaid indebteGnes
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 Re
necessary. That the said lands, property fran
chises &c. will be sold in the order prescribed Iv
the act of the Legislature Wisconsin in relation
thereto, approved October 3, 1856, and that the
partitoned and selected lands, of which there are
certified lists hereinafter stated, will be sold IN
tracts not exceeding $40 acres each.
Notice is also gwen, that the property, &c,
hereby noticed for SALE is described in said ortI
or judgment of sale as follows, to-wit Gan the
lands, rights and interests in claims upon or
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 CON
plaint.''
That said property, &c, is described in said trus.
deed as follows, to-wit the unsoId lands
Granted 10 the State of Wisconsin by the several
acts an resolutions of Congress to aid in the i'm
movement of the Fox and Wisconsin Rivers and all
the works of improvement, constructed or to be
constructed said rivers and all and singular the
rights of way, dams, locks, canals. water-powgrs
and oth pIIrrp nf ali Il all
rights, privileges and franchises belonging to said
improvement, and all property Of said Company Of
whatever name and description
That said property, &C., is described in sail
mortgage substantially follows, to wit All the
every kind and nature of the Fox & Wisconsin In
provement Company, to the same extent as they
are mentioned in the resolutions embodied in said
mortgage. That IN said resolutions il is provided
in substance, that said mortgage be upon lands
interests in lands, &C., which are embraced in The
descriptions above given, and also be upon proper
ty described substantially as follows to wit on 81
the property OF said company, whether corporealJ ,
said company, Whether legal or eauitabie cu
ing the channel or water of the cam ais the
right OF way in the same, the locks, bridges, Gu.
yerts, and all and singular the works pertaiping
thereto and belonging to raid company then nJads
ana constructed or thereafter to be made and COZ.
strueted- together with the revenues OF the SAID .
eandis SO constructed or to be constructed arr
the hydraulic power then owned and TO be ownel
ny saia company, and all the revenues thereoi,
ana generally all the revenues OF the COMPANY and
including the right of said company 70 receive
from the state OF W isconsn the purchase of tn
improvement as provided in the charter tie uur
chase money to be paid therefor.
Notice is also given that all of the lands graEred
20 the state OF Wisconsin by the acts and resolu-
tions of Congress above referred and which wers
by said State granted to said company, have net Is
yet been partitioned, set apart and selected from
the lands belonging to the United States: that al
OF said lands in the State OF Wisconsin; thai
many of said lands have been o partitioned. sri
apart an selected and the approval of the Pres.
dent of the United States to the se.ae mas bees
certified; that lists Of the lands partitioned set
apart and selected, have been fled in the oficc O.
the Secretary of State, OF Wisconsin and certhe- E
copies of uch lists filed in the OH OF Regis
tiers of Deeds for the eral counties rsspectyel,
wherein said lands situated that all OF the AZ
sold lands embraeed in said lists will, with ne
other property above described, be offered and So
at the sale hereby noticed. Reference .
here made to said lists, which fled as a!oiz t
said in the following counties, to-wit: Coiams.~
Waushara, Calumet, OutagaInis, Winnebago,a ~
athon, Rlchland, Trem pealeau, Marq uette, OAaIa 5
Vernon, Portage, Fond du Lac Juneau, CraSioI.
jackson, Eau CLAIRE, Wood, Waupacca, orsf-
Lake, Brown, Sank, ST. Croix, Kewannee, oesht@
Chippewa, Dunn, Adams, shawanaw, and boz.
That for her deeci eiog. Of the said iand7s
partitioned, set apart, selected and certihea +
aforesaid, and the said works OF improFehs- +
rights OF way, dams, looks, canals, water- poHs.
righ's privileges, franchises, property, Ne,
ence Is here made to the several acts anu e u
tons OF Congress and of the Legislature @ "" -.
consin in relation thereto, and especially to To-
acts of the Legislature of Wisconsin IT fel1~
thereto, approved follows % an &C. apr;
July 6, 1853; Cd an act approved March o. -
and 80 act approved October 3, 1873: i,
That schedules giving description, as iuii' /
practicable, of the property, DC, to be soIa,
as nearly accurate may be, will be preparea"
exhibited at the time and place of sale
Dated, Appleton, February ESD, 1894, n,ua "a
ABEXANDER SPAULDiNet
- GIART,ES RUTLER, and