Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-10-20


Defendant.
Under and by virtue Of q decree OF foreclosure
and order of sale made and entered in the Circuit
Court of the UGited States, Ninth Circuit. District
of Nevada. the first day Of Octnb"r 1888, iu the
above entitled suit, wherein the sbove named Uom
plainant obtained judgment and decree against
the above named defendant, which said decree
was on the first day of October. 1888. recorded
crces in Equity Of said Court at Page 3s2
ct seq, am comm sndsd to sell tn property IN
said decree and order o. SALE and hereinafter de.
scribed.
Ihe lands premises and property which are di-
rectei 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 Nevsds.
and c nmnonly koown AM designated as the sutro
Tunnel commencing at point at the hills near
Carson river and with the boundaries of Lyon
County aforesaid. and extending from said initial
point in a westerly direction seven % miles.
more or Less, to and beyond the CoInst1tk Lode.
snd the lateral tunnels extending Eortheriv and
southerly from the main tunnel on the course of
said lode, either within the same east west Of
tina same. and all other lateral tunnels and all
branches, drifts workings and shafts connected
with, belonging to, or sppurte att to the same ::
together with all the property, real. personal and
mixed. and Bll rights, privileges, franchises and
easements thereto belonging or in snywise apper-
tanning. ana the lis. incomes rents. issues and
profits thu reof.
second-All of the frapch ises, pro erty, rights.
privileges and easements, gu 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
" wsy, and authoriZ ng A. Sutro and his associates
" to construc5 mining and draining tunnel, sp-
proved February An, 1885: also the exclusive
privilege OF the right of way aud to run. con-
struct and excavBte a tunnel running into tn
C"mstocB Lode from any point selecte or to BE-
selected in the foothills o. 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 or course
of said tunnel, and conn Getting with the at
such points "a have been or may be selected and
to charge for the benefit derived By the persons,
companies or corporations along the lIns OF said
tunnel, and others who may be Der Edited by the
drainage of their m mes or odes aud freeing the
same from the d Nv OF wat-r therein, VIVA ever
rate, price, sum sums money or stock which
have been ere may or shall be agreed upon BY
and between the corporation person or persons
70 be benefited AS Aforesaid and to receive and
collect all sums OF money or stock which said per.
sons compsnies or corporations shall contract to
pay aud in default of the p Iyment Of the same.
according to the tenor and condition of such con-
tract or contracts to sue for and collect the same
in any Court of competent urisd ction in the st te
Of Nevada.
Als", all the property, rights. privileges, ease
ments and franchiees held by The sutro Tunnel
Company and granted by the Act OF Congress of
the United States OF America. entitled An Act
gran ting TO A Sutro the right Of way AMI rant.
ling other privileges. to aid in the construction
- of q draining and exploring tunnel to the Com.
" stock Lode, In the State Of Nevsds," approved
July 25th, A. D., 1866.
Also, the right of way TO run, construct and ex.
cavate mining draining and exploring tunnel.
and TO sink mining, working aud air shafts alon
the line or coutss OF said tunnel ana connecting
with thu same at any points which may b.
lectod. commsucing ~ a point at The hills near
the Carson River aud within the boundaries of
Lyon County, and extending from said init al
point In q westerly direction seven miles. more or
less. to and beyond the Comstock Lode and the
right way northerly and southerly on the cou -se
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 AlRo the ri aht to pure base from the
United States. at one dollsr and twenty Eve cents
per acre. snfhci, NJ amount OF Inblic land
the mouth of said tunnel for the of tina same,
not exceeding two sections, not mineral land in
the bond;f ie possession Of other persons claiming
uno an, law of Congress on the 25th day of July
1866 also the right to purchase at i've dollars per
thousand feet on each side of said tunnel, as 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 I'd in said Act
OF Congress approved Jdly Is, 1866 also the right
privilege aud franchise that all persona,
panies or corporations owning claims mines OF
said Comstock Lode or any other lode drained,
ben dted 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 here after may be named
In agreements between ruch owners and the Com.
psnies representing q majority of the estimated
value OF said CONS tock Lode on said 25th day of
July, 1866.
Thiri-Also the follow ng- described tracts OF
land situated in y an ana Storey counties iu the
State of Nevada to-wiI:
The 3. Il of E. u OF Section SO, Township
II N, Range 81 Z.
The 9 W. d of Section 81, Township II N,
Range % z.
| The g. 4 of a. r. Il. 8. y of 9. w.L,N.w Il
of $. W. d OF section 49, Township II N, Range
| 20 h.
The 8. Z. h Of s. E. 4 Of Section . Township
| l6 N, ksDge 81 E.