Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-11-17

DefendAnt.
Under and by virtue of decree of foreclosure
and order of sale made and entered in the Circuit
Court of the United States Ninth Circuit District
of Nevada on 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"
! crees in Equity of said Court at Page $50,
ct seq, am COMMANDED to sell tn. property in
said decree and order y sale, and hereinafter de-
scribed.
The 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 Nevada.
and commonly known an@ des grated as the Sutro
Tunnel, commencing at a point at the hills near
Carson rivtT aud with n the boundaries of Lyon
County Aforesaid, and extending from SAID initial
point in a westeEly direction seven az miles
more or less, to and beyond the Coinstock Lode,
and the lateral tunnels extending northerly and
southerly from the MAIN tunnel on the course of
said lode either within the same east west of
tn hme, and all other lateral tunnels and all
branches, drifts. workings and shafts connected
with, belonging to, or appurte sut to the same :;
together with all the property, real personal and
mixed, and Sill rights, privileges, franchises aud
easements thereto balon nnG OF in snywIse apper-
tanning, ana the lis. incomes rents, issues and
profits the reof.
Second-All of the franchises property rights
privileges and easements, saqu 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 IAN Act granting the right of
way. and authorizing A. Sutro and his associates
" TO construct q mining and draining tunnel, sp
proved FEBRUARY 4th 1855; also the exclusive
privilege of the right of way. aud to run, con-
struct and excavate a tunnel running into the
Cnmstock 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
also 70 sink mining shafts along the line course
of said tunnel, and connecting with the same at
such POINTS IS have been or may be selected and
TO charge for the benefit derived by the persons
com psnies or corporations along the line of said
tunnel, and others who may be berefte by the
drainage of their mine 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 shall be agreed upon by
and between the corporation, person or persons
to be benefited as Aforesaid and to receive and
collect all sums of money stock which said per-
sons, companies or corporations shall contract to
pas and in default of the payment of the same,
according to the tenor and condition of such
tract contracts, to sue for and collect the same
in any Court of competent jurisdiction in the Site
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 A ct
gran ting to A. Sutgo the right of way. sni grant
ing other privileges, to aid in the construction
- OF a 0ra1DlnR ana exploring tunnel TO the COM
"s stock Lode, in the StSte of Nevada" approved
July 18th. A. D., 1866
Also, the right of way to run, instruct and ex
cavate a mining, draining and exploring tunnel
and to sink mining, working and air shafts along
the line or course of said tunnel ana connecting
with the same at any points which may be Sc
lectod, commencing at a point at the hills near
the Carson River and within the boundaries of
Lyon County, and extending from said init al
point westerly direction seven miles more or
and beyOud the COmstOck Tnde he
right of way northerly and southerly the course
of said lode, either within the same or east or
west of the same and also on along any other
lode which may be discovered or developed by the
said tunnel. Also the right to purchase from the
United States at do liar and twenty five cents
per acre, sufficient amount of public land near
the mouth of said tunnel for the of the same
not exceeding two sections, not mineral land
the bona. fde possession OF other persons claiming
uno 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 each side of said tunnel as have
been or shall be cut, discovered or 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 IS, 1866 also the right
| privilege and franchise that all persons, COM
psnies or corporations owning claims or mines on
| said Comstock Lode Ut 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 ite
branches as have been or hereafter may be named
| in agreements between such owners and the com.
panes representing majority of the estimated
value of said CONS took Lode on said 25th day OF
July, 1866.
| Third-Also the following described tracts OF
land situated in Lyon and Storey counties in the
| State of Nevada to-wit
The S. E. 4 of 8. E. 4 of Section SO, Township
IT n, Range u e.
The 8. W. of Section 81, Township II n
Range % E.
The s. 4 of s. Z. 4, S. Il of S. VIZ, N W. 4
of s. W. d OF section 80, Township II NJ Range
%
The S. E. h of s. E. 4 of Section 2, Township
| l6 N, Range 81 E.