Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1865-05-24
SrAvELY's ADDITION.
Lots No. 40, ~, A., %, 81, o.
Notice of sale.
IN CIRCUIT COURT FOR TIE COUNTY OF

4 FOND DD LAC
Alexander Spaulding Charles Butler and Moses NJ.
Davis trustees Plaintiffs against Fox and Wisconsin
Improvement Company and Abraham - CIaFk, sole
surviving mort gagee in trust, def ndants.
Public notice i hereby given, that by virtue and in
pursuance of theterms and provisions and the power
If s,I cort.neI in 4 certain deed Of trust dat ed
first day of itecember, 4 u. 1876, made by the Fox
and Wisconsin Improvement Company, a corporation
under the laws of the State of Visions n party ct tie
first part to Alexander Mitchell, Charles Butler and
alexander Spauldug. parties of the second part, as
trustees their survivor and survivors successor and
ssors the ard purposes express
ed in and in the act OF the Iegisla
of Wisconsin in said deed referred TO; and by viz
tue OF and pursuant to an ORDER or Judgment 81 Se,
sc rendered in said court in the above emu &C
tiou on the fourth day OF ebruary OF which
the last clause subsequently amended, 10
which trust deed, act and judgment reference i mere
made we the undersigned Trustees and Referees Tor
sale shall Thursday, the fifteenth day Of June,
4 d 1863, at ten o'clock in the forenoon of that
day at the office Of the Fox aid Wisconsin Improve
Corpany, in the village Of Appleton, IN the eoun-
ty Of Ont mic, in the - te OF Wisconsin oier Tor
sale and sell public auction 10 the highest b1dG,
the lands rights interests and claims legal or equl'a-
bic lands ais rights of way. dams locks, canals
water powe :, works Of Improvement and apTuTieu-
auces RIGHTS privileges and franchises belonging
said company connected with SAID Impfos tIhe and
property Of every description hereinafter described oF
referred TO. upon the conditions and IN he manner
hereafter specified.
Notice is also given that Moses v. Davis was duly
appointed and i now trustee under said deed of trust
as successor to Alexander Niche l. res gned and that
the undersigned Charles Butler and Al Nander Spauid
i'm. 20 of the rarties named in said deed
parties the part That lay said order orJudE
of sale it l. adjudged IN substance tha Inc sale
hereby noticed viii op rate to pass 10 me purchaser or
purchasers at such sale Interest in said lands rights
propertv franchises Sc &c. which il represented by
said deed and all which Is now vest in the de-
PENDANT Abraham Il. Clark sole surviving mort ga
gee i'm trust under the mortgage in said judgment
(erred to- which represented or any way pa sed
by said mortgage and which said mortgage Is fully set
our in the complaint in this action and Is MED IN the
Office Of Secretary uf State of Wisconsin, and re-
corded the Offices Of the Registers Of Deeds for the
county Of Ou'agamic several other Of the G unes
hereluaIt n named. That hy SAID Judgment 1t so ap-
peas that the undersigned trustees. and the saId Clark
mort gacec in trust, respectively, have In due form
been requested lv the brnpfciariss under said trust
deed and said mortgage to cause sale 20 be madc az The
lands rro,art, franchises Sc. &c. herein mention
ed for the payment the matured unpaid indebted
,,a ,,,,fi f,,lie1,tedpess exists in large amount
That If on the day Of sale all of the lands proper
tv franchises &c be net sold the said sale vii be- con-
tinued day day (Sundays excepted $" long as
shall ne necessary That the said lands p oV,rty,
franchises SC vi he sold in the order prescribed hy
the act Of the legislature of Wscnusiuin relation there
to approved october B. lN5t and that the partitoned
and selected lands, Of which there are certified ISIS,
hereinafter stated, will lie sold in tracts not exceed
/ Ing 60 acres each.
Notice Is also given that the property, &c, hereby
noticed for is descr1ed insaid order Of dEmeut
/ Of sale follows. TO wit: al he lands, rights and
Interests il or aims upon 10 lands granted by Con
cress in aid Of the Fox ana Wisconsin Rivers In
provemeut. thu water powers, works q improve
ipent c.rnorltrd rights franchises privileges and
an property covered by said trust deed, and Tie
mortgage set o,, in said complaint
as follows to wit: At the unsold laudsg anted 20 The
State Wisconsin 10y the several acts and resolutions
Of Congress aid in tn mproyemen mt Of the Fox and
Wisconsin Rivers and all the works of improvement,
Sfruct ed or 10 he constr '.ct'a On SI i'ti>' "
all and singular the rights Wv dams locks canals,
water powers and other appurtenances Of said works
and all rights privileges and franchises be-, ngin- 10
/ said improvements and alt property OF said Company
Of Whatever name and Dissertation"
That said property. sc. is described in said mort
gage substantially follows. to wit: All the property
rights of property and int 81 therein OF every Kind
I and nature of the Fox and Wise nsin Improvement
Company 10 the extent as they are mentioned ~
/ tho resolutions embodied i'm said mortgage hat DO
sal resolutions il is provided i'm substance that said
mortgage he uran lands nteresls in lands &C. which
are embraced i'm the d-Sfuti1ns above given and alst
h. ,,,,r T,r,artv described substantially as follows
to wit on all the property said ompauy, whethe
corporea ncorporeaI. and on all the rights Of prop
erty Of said Company whether legal or equitable n
cudjus the channel water course Of the canals the
right Of way in the same the locks bridges cni'ens
and all and singular the works pertaining thereto an'
belonging to said company then made and construct ed
or theresiterto be - AIDE and cons rue ,osyl's
with the revenues Of the said canals so cons ructed q
to be constructed and Tire hydraulic power then oN nee
| and to be owned 10y said company. and all the rrfe
nucs there Of: and generally the revenues Of thi
company, and, including The right II said company Il
receive from the Stste Of Wisconsin the purchase
the Improvement as provided In the charter the puT
| chase money to be paid therefor
Notice is also given that all the lands granted Il
the state Of Wisconsin by the acts and resolutions 9
Congress above ferred TO. and which were By sal
State granted 30 said Company, have not as yet beef
partjtoned set apart and selected from the lands be
longing 10 the United States that all of said lands arr
in tn State Of Wisconsin. that many OF said lana
have been partinucd. set apart and s leCtedr dI
the approval President of the United states q
the same has certified that lists Of the lands s.
partit0ned apart and sci cted, have been MEG Il
the office Of the Secretary Of Safe, OF WISCONSIN, an
certified copic- lists filed in the ohce OF IN
Registers Of Deeds several counties respective
" wherein said lands situated. that all OF the ur
sold lands embraced in said lists VIII, with the othe
properfr above described. be offered and sold al th
sale hereby noticed. Reference Is here made TO sal
lists ahici fled aforesaid in the foliowin
counties. tO-wit. Columbia, Naushara, Calumet, out
agsnie. Wunebago. Marathon, Eictlard, Trempcaeau
Marquette lark, iernou, Portage, Fond du Lac. Ju
/ neau Crawford Jack son. Eau aire. Wood, Waupacca
Green axe, Brown, Sank. St. CroiN, krwauHee
/ 0conto. and Door: That for further description @
the said lands not partoned set apart, selected an
certified aforesaid, and the said works Of improve
ment rights Of way dams locks, canals water-powers
rights piv eyes franchises property. &c, reierenc
is here the several acts and reso'upns Of Con
gress and Of the Legislature Of Wisconsin ma relation
theret" and especially to the actsof the Legislature
Wisconsin in relation thereto approved as follows: u
| an act approved July 6, 1873; ~ an act approve
/ March 81, 1913; and ~ act approved October !
/ ISa6.
That schedules giving description as fully as practc
able OF the property &c TO be soid, and as nearly &c
curate as may be wi be prepared and exhibited at tn
! time and place OF sale.
/ Dated, Appleton, March Both. lSG5.
/ ALEXANDER SPAULDING,
CHARLES BUTLER, and
NOSE~ NJ. u tNIS.
Trustees a7i Referees.
! STEyFvS 4 LEWIS Plaintiffs Attorneys