Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1865-12-06

TN CIRCUIT COURT FOR TIE COUNTY OF
l FOND Do LAC.
Alexander spaulding, Charles Butler and Moses NJ.
Davis, Trustees Plaintiffs against Eek and Wisconsin
Improvement Company and Abraham b.. CLARK sole
surviving MORTGAGE in trust, defendants
Public notice is hereby given that b virtue ana 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 ID. 1856, made by the FOX
under the laws of the State Wisconsin, party of the
first part, to Alexander Mitchell, Charles Fuller anu
Alexander Spanlding parties OF the second part as
SUCCESSORS in for the and purposes express
ture Wisconsin,, in said referred and by viz
of and pursuant to order or Judgment of tle
&C, rendered in said court in the above entitled ac-
ticn the fourth day Of February d. 1864 ofwhe
the last clause subsequently amended o.
which trust deed and judgment, reference is here
SALE shall Thursday the fourteenth day Of SepteTn
Der, A. D. 1862 O'clock IN the forenoon of that
day. at the Office Of the Fox and Wisconsin improve
ment Company in the village of Appleton, in the coun-
ty of 0utag ,re, in the of Wisconsin, offer for
sale and sell at public auction to the highest bidder,
the lands, rights interests and claims legal or eult
bic IN lands also rights of way dams, locks, canals
water powers, works of Improvement and appurten-
ances, rights privileges and franchises belonging to
said company or connected with diinIfo, eneIt ana
property OF every description hereinafter described or
referred to, upon the conditions and III the manner
| hereafter specified.
Notice is also given, that Moses ". Davis duly
appointed and is under said deed of trust
s successor to Alexander Mitchell, resigned and that
the undersigned Charles Butler and Alexander Spauld
ing two of parties named IN said trust deed as
parties of the second part That by said order orjug
Hleft OF sale II adJudEed IN SUBSTANCE lidt
hereby noticed will operate to pass to the purchaser or
purchasers at such SALE al Interest ~ SAID ids rights
| -,
sad trust deed and all which Is nov vested IN the de-
PENDANT Abraham b. Clark, sole surviving mortra-
gee in trust under the mortgage in said judgment
TERED to- or which is represented or n any way passed
by said mortgage; and which said mortgage is fully
out in the complaint in this action, and i fled in the
oce OF the Secretary o state OF Wisconsin, and re-
corded in the offices Of the Registers of Deeds the
county of ouagamie an several other Of the unties
hereinafter named mat by said JudgInentit aso APP
pears that the undersigned Trustees and the said Clark
morsagee in trust, respectively, have in due form
been requested by the benehciaries under said trust
deed and said mortgage to sale to be Of the
lands property, franchises &c. &C.. herein mention
ed for the payment of the natured unpaid indebted
ness secured by said deed and mortgage; and which
matured unpaid Indebtedness exists in large amount
That if the first day of sale all of the lands proper-
ty, franchises &C. be sold the said sale will be con-
tinued from day to day Sundays excepted) long
shall be necessary. That the said lands, property
franchises, &c, will be sold in the order prescribed
the act OF the legislature OF Wsconsnin relation there
to, approved October g. 1856 and that the partonei
and selected lands, of which there certified lists
as hereinafter stated, WILDE sold in tracts not exceed
| ing $40 acres each.
Notice is also given, that the property &C. hereby
noticed for sale is described in said order Of Judgment
of sale follows, to witt Gan he lands, rights and
interests IN or claims upon or to lands granted ~ Con
gress, IN aid Of the Fox and Wisconsin RIVERS I'M
| provement, tho 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. Subscribed in said trust deed
as follows to wit: ''Athe Uusod lands granted to the
State of Wisconsin by the several and resolutions
of Congress aid in the improvement of the Fox and
Wisconsin Rivers, and all the works of improvement
constructed be constructed said rivers. and
all and singular the rights OF way dams locks canals
water-poweYs and other appurtenances of said works
and ali rights privileges and franchises belonging
said improvement, and all property of said Company
! of whatever name and description"
That said property, &c, is described in said mort
gage substantially follows to wit: All the prop ery
rights of property and interest therein of every sind
and nature of the Fox and Wisconsin Improvement
Company, TO the same extent they mentioned in
the resolutions embodied in said mortgage That in
nj oIfltiD
mortgage be upon lands, interests in lands &C.. which
embraced in the descriptions above given and also
be upon property described substantially as follows
to wit on all the property Of said Company whether
corporeal incorpOreal and all the rights OF prop
erty Of said Company, whether legal equitable in
Guiding the channel or water course Of the canals the
right of way in the same the locks bridges. Culyerts
and all and singular the works pertaining thereto and
belonging to SAID company then made ana constructed
or thereafter to be made and rlcted, together
with the Of the said constructed
to be constructed and the hydraulic power hen owned
and to he owned by said company, and all the rc"c-
nues thereof; and generally al The Of the
receive 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 the lands granted to
the State Of Wisconsin, by the aCts and resolutions Of
Congress above referred to, and which were by said
State granted to said Company, have not yet been
paritioned set apart and selected from the lands be-
in ths state OF Wisconsin that many ~ S - aid LANDS f
have been partitaned apart and selected, and
the approval Of the President Of the United states to
the same has been certified that lists lands so
the Office OF the Secretary of State of Wisconsin
certified copie of such lists fled in the office # the
Registers of Deeds for the several counties respective
y wherein said lands situated; that all Of theun-
sold lands embraced in said lists will with tie other
property above described. be offered and sold mt the
sale hereby noticed reference rs here cto said
| lists, which filed aforesaid in The following
counties, to-wit Columbia NaHshara Calumet Out
again e. Ninncbago, Marathon Bicland Trempeaieau.
Marquette, Clark, Vernon, Portage, Fond du Lac Ju
neau, Crawford jackson, Eau Claire, Wood, WaupaCca
| Green Lake, Brown, Sank, st. CroiX, Kewaunee,
OcontO and Door That for further description of
the said lands not partitiOIed, set apart selected and
certified aforesaid and the said works Of improve
nent rights Of way, dams. locks, canals powers
rights privileges, franchises property, &c, reference
is here made to the several and resolutions Of c On
gress and Of the Legislature Of Wisconsin in relation
thereto, and especially to the acts Of the gsature
Wisconsin in relation thereto approved asfoows: N
act approved July 6, 1913; o. an act approved
March 81, 1853; and 81 act approved October B.
1896.
That schedules giving description fully as practic
able, of the property &c + be sold, and nearly &C
curate Is may be- viii be prepared and exhibited the
time and place of sale.
Dated, Appleton, July 18th, 1863.
ALEXANDER SPAULDING,
CHARLES BUTLER, and
MOSES NJ. DAVIS.
Trustees and Referees.
STEVENS 6 LEWIS, plaintiffs Attorneys
2S jul y Madison Wis
The sale above noticed postponed until Thursday
the twenty sixth day Of October, A D. 1865 and viii
then come off at the lace and hour above named.