Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1865-01-04
Notice of Sale.

1 FOND DU LAC
Alexander spauidng. Charles Butler and Moses NJ.
Davis, trustees, Plaintiffs against Fox and Wisconsin
Improvement Company and Abraham b. Clark, sole
surviving mortgage in trust. def ndants
Public is hereby given, that by virtue and in
pursuance Of the terms and provisions and the power
sale contained in certain deed of trust dated thu
first Cay Of December, ID. 1886, made by the FOX
and Wisconsin improvement Company, corporation
under the laws of the State Of Visions ~ party OF the
part, Alexander Nil chel, Charles Butler and
Alexander Spauldng, parties of the second part, as
trustees their survivor and survivors, successor and
ssors in for the and purposes express
ed in said deed of and in the act OF the egis
ture of Wisconsin in said deed referred to- ane oy var
tue OF and pursuant to an order or Judgment OF e
&c rendered in said county in the above en- 1T ed ac
ton on the fourth day of February, A u 1863, 10
which trust deed act and Judgment, reference Is here
made, We, the undersigned Trustees and Referees Tor
sale, shall on Tuesday, the fouT' zenith day of Marc
A. ID. 1860, at 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
~ Of Outig mie, in the Ste Of Wisconsin, oter Tor
sale and sell public auction the highest bidder
the lands rights interests and claims, legal equ1ta
bic in lands as rights of way, dams locks, canals
water powers works OF Improvement and appurten-
ances rights privileges and franchises belonging TO
said company connected with said improvement and
property Of every description hereinafter described
hereafter specified
Notice is also given that Moses " Davis was duly
appointed and is under said deed trust
as successor to Alexander Mitchell retigned and that
the undersigned Charles Butler and Alexander Spauld
in' of the parties named in said deed
parties Of the second part That by said order iudg
ment of sale it adjudged in substance that the sale
hereby noticed will rate the purchaser
purchasers at such SALE al interest in said lands rights
property, franchises &c, &C. which represented by
said trust deed and all which is vested in the de-
fcndsnt Abraham b. Clark, as sole surviving moriga
gee in trust under the gage in said judgment
ferred to, which is represented any way pa sed
by SAID mortgage; and ssich SAID mortgage Is iuE set
oct in the comp aint in this action and filed in the
ONCE OF the Secretary 81 State of Wisconsin and re
corded IN the ofhces OF the REGISTERS OF Deeds for The
county Of Ouagamie several other OF the counties
herelnaft named. That by SAID judgment it aso APP
peas that the undersigned trustees and the raid Clark
mortgages an trust, respectively, have IN due form
been requested b. the beneciaries under said trus,
deed and said mortgage to cause sale TO be made OF the
lands, property, franchises &c. &c herein menton-
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
~ franchises &c, be net sold the said sale vii be CON
tnued from day to day Sundays exceptedj SO long as
shall be necessary. That the said lands, property,
franchises &c. will be sold in the order prescribed by
the OF the legislature of sconsnin relation there
approved October 3 1896, and that the Hartioned
and selected lands Of which there certified Ests
hereinafter stated will be sold in tract. not exceed
ing Go acres each.
Notice is given that the property &c, hereby
noticed for sale IS described in said order Of Judgment
OF safe as follows, 10 wit Al he lands, rights and
interests in claims upon lands rante by Con
gres., IN aid OF the Fox and Wisconsin Rivers I'm
! proyement, th5 water powers, works Q! Improve
! ment, cnrporated rights. franchises, privileges and
all property covered by said trust deed, aad the
| mortgage set out in said complaint
That said property &C. described in said trust deed
follows. TO wit Al the unsold lands aIed to the
State Of Wisconsin by the several acts and resolution.
Of Congress. aid In the Improvement OF the Fox and
Wsconsn Rivers, and all the works Of improvement,
all and singular the rights i way dams locks canals
water and other appurtenauces Of said work.
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 mort
tights of property and interest therein OF Kind
| aud nature e. tie Fox and Wisconsin Improvement
Company, TO the extent they mentioned in
the resolutieas embodied in said mortgage That IN
sail resolUensit is provided in substance. that said
mortgage be upon lands, interests in lands 6c which
are embraced IN the descriptions above given and also
b. upon property described subs au,ially follows.
to wit all the property Of said Company whether
coTpoeal or Incorporate and on all the rights OF prop
erty Of said Company, whether legal or equ able ia
GLIDING the channel Of the caEals the
right OF in the same the locks, bridges. culgerts
and all and singular the works pertaining thereto and
belonging to said company then made and constructed
thereafter be made and l7lct ed together
to be constructed and the hydraulic power then owned
and TO be owned by said company. and all the reve
company, and including the right Of said company to
receive from The stse OF Wisconsin the purchase Of
the improvement provided in the charter the puT
| chase money 10 be paid therefor
Notice Is also given that all the lands granted to
the State Of Wisconsin by the acts and resolutions 81
State granted to said Company have not Yet been
partoned, apart ana selected from the lands he
longing to she United States that all Of said lands
| In ths state Of Wisconsin; that many Of said lands
have been r<rtitioaed. apart and selected and
The approval Of the President Of the United states I"
the same has been certified that lists Of the lands
partuoned, set apart and Ell cted, have been fled in
the office OF the Secretary Of STATE q Wisconsin, and
certified copies Of such lists fled in the oce OF
Registers os Deeds for the several counties. respective
Is. wherein said lands situated; that all OF the
sid lands embraced in said ISIS Will with the other
property above described, he offered and sold at the
sale hereby noticed Reference is here made to said
lists, shich filed lforcsaid IN the foliowit
counties, to-vit: Columbia, aJsara. Calumet. Out
agauaie Winnclalgo. Marathon Richard Trempealeau.
Marquette Clark. Vernon. Portage, Fond du Lac Ju-
neag, Crawford jackson. Eau Claire Wood, Waupacca
| Eireen Lake, Brown, SaaG ST. CToiN, Kewaunee
Ocono. and Door That for further description Of
the said lands partitioned apart. selected and
certified aforesaid and the said % improve
ment rights of way. dams, locks canals powers
rights piv eyes, franchises. property &c reference
IS here made to the several actsnd resolutions Con
gress and OF the Legislature Of Wisconsin relation
thereto, and especially to the acts OF the Legislature q
Wisconsin in relation thereto approved follows a.
an act approved July 6, 1888; ~ a approved
March 81 1856 and 80 act approved October 8,
1885.
That schedules giving description fully pracc
able. Of the property, &c, to be sod and nearly
curate may be- win be prepared and exhibited at the
time md place OF sale.
Dated, Appleton, January 10, 1868.
ALEXANDER SPAJLDING,
CHARLES BUTLER, and
MOSES ". DAVIS.
Trustees and Referees.