Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-11-24


Defendant.
Under and by virtue of Q decree Of foreclosure
and order of sale made and entered in the Circuit
Court of the United States, Ninth Circuit. District
of Nevads, on the first day of October 1888 in the
above entitled suit, wherein the above named oom-
plsinant obtained a judgment and decree against
the above named defendant which said decree
was, on the first day of October, 1888. recorded
crees in Equity of said Court at Page 3s2
ct seq, am comma nded to sell thu property in
said decree and order Of sale, and hereinafter de.
scribed.
he lands. premises and property which are di.
rected to be sold are:
First-That certain mining and draining tunnel
situated partly in the County of Storey and partly
in the County of Lyon in the state OF Nevads
and commonly known and designated as the Sutro
Tunnel commencing at point at the hills near
Carson river and within the boundaries of Lyon
County aforesaid, and extending from said initisl
point in westerly direction seven ~ miles,
more or less, to and beyond the CoInstock Lode
and the lateral tunnels extending northerlv and
southerly from the main tunnel on the course of
said lode, either within the same east west of
the same, and all other lateral tunnels and all
bran ches, drifts. workings and shafts connected
with, belonging to, or appurtensnt to the same
together with all the property, real personal and
mixed. and all rights, privileges, franchises and
easements thereto belonging or in snywise sp per-
tain ng ana the tolls. incomes. rents issues and
profits thereof.
u o.
privileges and easements, acquired held by the
Sutro Tunnel Company, and granted under or by
force OF an Act of the Legislature Of the State of
Nevada entitled IAN Act granting the right of
" way, and authorizing A Sutro and his associates
" to construct mining and draining tunnel, ap-
proved February 4th, 1865; also the exclusive
privilege OF the right of way, and to run, con-
struct and excavate a tunnel running into the
Comstock Lode from any point selected or to be
selected in the foothills of the Carson River Val.
| ley, within the boundaries of Lyon County, and
between Corral Canyon and Weber Canyon and
also to sink mining shafts along the line or course
| of said tunnel, and connecting with the same at
such POINTS as have been or may be selected and
to charge for the benefit derived by the persons,
companies or corporations along the line of SAID
| tunnel, and others who may be benefited by the
| drainage of their mines or .odes and freeing the
same from the flow of water therein, whatever
| rate, price, sum or sums Of money or stock which
have been, are, may or shall be agreed upon by
and between the corporation person persons
| to be benefited as Aforesaid and to receive and
collect all sums Of money or stock which said per-
pay and in default of the payment of the same
according to the tenor and condition of such con-
tract contracts to sue for and collect the same
in any Court OF competent jurisdiction in the State
| Of Nevada.
Also, all the property, rights. privileges ease
ments and franchises held by the sutro Tunnel
Company and granted by the Act of Congress of
| the United States OF America entitled " An ct
granting to A. sutro the right of way and grant
| ing other privileges, to aid in the construction
| A." of q draining and exploring tunnel to the Com
stock Lode. in the State of Nevada" approved
July 25th, A. D., 1866.
Also, the right OF wsy to run, construct and OK.
csvate mining. draining and exploring tunnel,
| and to sink mining working and air shafts along
the line or course of said tunnel and connecting
with the same at any points which may be
lectod, commencing at point at the hills near
the Carson River and within the boundaries of
! Lyon County, and extending from said initial
point IN . westerly direction seven miles, more or
! less. to and beyond the Comstock Lode and the
AHAuI,
| of said lode, either within the same or east or
west Of the same and also on or along any other
| lode which may be discovered or developed by the
| said tunnel. Also the right to purchase from the
United States, at one dollar and twenty five cents
| per acre, sufficient amount Of public land near
| the mouth of said tunnel for the use of the same
not exceeding two sections, not Iuineral land or in
the bond.fde possession of other persons claiming
unoer any law Of Congress on the 25th day of July
1866 also the right TO purchase at Ave dollars per
acre such mineral veins and lodes within two
thousand feet on each side of said tunnel as have
been or shall be cut, discovered developed by
running and constructing the same through its
entire extent. with all the dips, spurs and angles
of such lodes to the extent gran ed in said Act
Of Congress. approved July as 1866 also the right
privilege and franchise that all persons. CON-
panies or corporations owning claims or mines on
| said Comstock Lode or any other lode drained,
benefited or developed by said tunnel. shall hold
their claim subject to the condition that they
shall contribute and pay to the owners Of said
tunnel the same rate Of charges for drainage OF
other benefits derived from said tunnel or its
branches as have been or hereafter may be named
In agreements between such owners and the COM
panies representing majority of the estimated
value of said CONS took Lode on said 25th day Of
July. 1856.
Third-Also the following described tracts Of
land situated in Lyen and Storey counties iu the
State of Nevada to-wit:
The S. &. II of 8. e. u Of Section SO, Township
, IT N, Range 81 e.
The 8. W. 4 of Section 81, Township II N.
Range q E.
The g. u of 8. Z. \, s. u of 8. WIN w
of 8. W. 4 of Section 80, Township II n, Range
22E.
The 8. e. \ Of s. e. II of Section 2, Township
16 N, Range 81 Z.
, The whole of Section l, Township l6 N, Range
81 E., except the following blocks in the town Of
l27 l2s, 49, $780, 4sl, 49, 40 All 472, Alb, 471'
AIS 476 ga, 525, 526, 527 528, 52s $780, 5Sl, 500,