Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-11-03

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. the first day of OctNbsr, 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 u Equity of said Court at Page $50
ct seq 1 am commended to sell the property in
said decree and order OF sale, and hereinafter de-
scribed
! The lands. premises and property which are d.
rected to be sold
First-Thst certain mining and draining tunnel
situated partly in the County of Storey and partly
in the County OF Lyon in the State OF Nevada,
aud commonly known anS esgnated as the Sutro
Tunnel. commanding at a 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 Comstock Lode,
and the lateral tunnels extending northerlv AMI
southerly from the main tunnel on the course of
said lode either within the same east west Of
thu same, and all other lateral tunnels and all
branches, drifts. workings and shafts connected
with. belonging to, or sppurte ant to the same !;
together with all the property, real personal and
mixed aud sll rights, privileges franchises aud
easements thereto belonging or in anywise apper-
tanning ana the tolls. incomes rents, issues and
profits thereof
second-All Of the franchises. property, rights.
privileges and easements, gu red or held by the
Sutro Tunnel Company, and granted under or by
force of an Act OF the Legislature of the State of
Nevada entitled AN Act granting the right of
90 way, and authorizing A. Sutro and his associates
" to cons.rucf mining AMI draining tunnel, ap-
proved February An, 1865; also the exclusive
privilege of the right of way, and to run, con-
struct and excavste tunnel raining 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 Webber Canyon and
also to sink mining shafts along the line
of said tunnel, and COM ecting 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 berefted by the
drainage of their mines or odes and freeing the
same from the how 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 morey or stock which said per-
sons, companies or corporations shall contract TO
pay and in default of the payment of the same,
according to the tenor and condition of such con-
tract or contracts to for and collect the same
in any Court Of competent urisd cton in the State
of Nevada.
Also, all the prope-ty, rights, privileges. esse-
ments and franchises held by the sutro Tunnel
Company and granted by the Act of Congress of
the United States OF America. entitled - An 4 ct
gran ting to A. Sutro the right of way AMI Grant
ing other privileges, to aid in the construction
of q draining and exploring tunnel 10 the Com
a..
July 25th, A. D., 1866.
Also, the right of way to run, construct and e1.
cavate mining. draining and exploring tunnel,
and to sink mining, working and air shafts alon2
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 init oil
point IN westerly direction seven miles more or
less, to and beyond the Comstock Lode and the
o n 1V M rIvp m
of said lode, either within the east or
west of the same and also along anv 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, q sufficient amount of public land near
the mouth of said tunnel for the use of the same
not exceeding two sections, not Iuneral land in
the bona fie 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 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.
panies or corporations owning claims mines on
said Comstocs Lode or any other lode drained
ben flied 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 or
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
panles 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 lynn and Storey counties III the
State of Nevada to-wit;
The s. E a of s. E. 4 of Section &c. Township
IT N, Range II E.
The 8. W. 4 of Section 81, Township II N,
Range % E.
The 5. 4 of s. Z. i. s. y of S. W. A.Nw.A
| of g. W. \ of section 80, Township II N, Range
RE.
The $. E. y of S. E. 4 of Section 2, Township
| 16 N, Range 81 E.
The whole of Section l, Township Is N, Range
81 f except the following blocks in the town OF
Sutro, as per official map, viz Nos. 43i, 425, 426
~ 42s 49, 49, 49, 4S9 90 AZ ~ AZ ~