Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-12-15

Under and by virtue of a decree of foreclosure
snd order of sale made and entered In the Circuit
Court Of the Uuited States Ninth Circuit. District
OF Nevada the first day Of October 1888, in the
above entitled suit, wherein the above named oom-
plAinant obtained Judgment and decree against
the above named defendant, which said decree
was, on the first day of October, 1888, recorded
in Judgment Book A, of the Records of De-
ct seq, am commanded to sell tn property in
said decree and order Of sale, and hereinafter de-
scribed.
The lands. premises and property which are di.
rected to be sold are:
First-Thst certain mining and draining tunnel
situated partly in the County of Storey and partly
in the 'ounty of Lyon in the State OF Nevada.
and commonly known am 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 initial
point in westerly direction seven ~ miles,
more or less to and beyond the Comst"ck Lode
and the lateral tunnels extending northerlv and
southeTly 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
branches, drifts. workings and shsfts CONFESSED
with. belonging to, or sppurte AIT to the same ;
together with all the property, real. personal and
mixed, and sll rights privileges, franchises and
easeme nts thereto belonging or in snywise apper-
tain 'ng, ana the tolls, incomes rents, issues and
profits thereof.
SecoId-All of the franchises, property, rights.
privileges and easements, aCqu red or held by the
Sutro Tunnel Company. and granted under or by
force of Act of the Legislature of the State of
Nevada entitled "An Act granting the right of
way. and authorizing A. Sutro ami bis associates
" to cons.ruc' mining and draining tunnel, - ap-
proved February 4th, 1865 also the exclusive
privilege of the right of way, aud to run. con-
struct and excavate tunnel mining into the
C0mstoCk Lode from any point selecte 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
of said tunnel and connecting with the at
such points as have been or may be selected, and
to charge for the benefit derived by the persons
computes or corp oratiUns along the line of said
tunnel and others who may be berefted 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-
sons, cOmpanies or corporations shall contract to
pay and in default of the p .yment of the same
according to the tenor and condition of such con.
tract or contracts to sue for aud collect the same
in any Court OF competent jurisdiction in the Site
of Nevada.
Also, all the p-ope-ty rights. privileges, ease
ments and franchises hsAd by the sutro Tunnel
Company and granted by the Act of Congress of
the United states OF America. entitled An act
" granting to A Sutro the right of way AMI grant
(" ing other privileges, to aid in the construction
sc stock Lode in the State of Nevada" approved
July 18th. A. D., 1866.
Also, the right of way to run, construct and ex.
cavate a mining, draining and exploring tunnel,
and to sink mining, working and air shafts alone
the line or course OF said tunnel and connecting
with the same at any points which may be Sc
lectod commencing a. point at the hills near
the Carson River and within the boundaries of
Lyon CO1nty, and extending from said init al
point westerly direction seven miles more or
less to and beyond the Comstock Lode and the
right o. way northerly and southerly on the course
of said lode, either within the east or
vest of the same and also on along anv other
lode which may be discovered or developed by the
said tunnel. ALEC the right to purchase from the
United States, at one dollar and twenty five cents
per acre, a sufficient amount of public land near
he mouth of said tunnel for the use of the same
not exceeding two sections not 1ainera land or in
the BONA; fde possession OF other persons claiming
unoer any law of Congress on the 25th day of July
1866 also the right to purchase at five dollars per
acre such mineral veins and lodes within two
thousand feet on each side of said tunnel, have
been or shall be cut, discovered or dev eloped 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 49, 1866; also the right,
privilege and franchise that all persons COM
panies or corporations owning claims or mines on
said Comstoc6 Lode any other lode drained
ben fitted 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 damage or
other benefits derived from said tunnel or its
branches as have been or hereafter may be named
in agreements between euch owners and the COM
panles representing majority of the estimated
value OF said CONS tock Lode Oh said 25th day of
July, 1866.
Third-Also the following described tracts of
land situated in lyon and Storey counties III the
State of Nevada to-wit
The s. E u of s. E. a of Section Sc, Township
II n Range u Z.
The g. W. a of Section 81, Township II N.
Range y f.
The S. a of s. f. Il. S. y of 8. VIZ NV a
of 8. W. a OF section 80, Township II N, Range
% Il.
The s. E. 4 of S. E. \. of Section 2, Township
l6 N, Range II +.