Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-11-10

Court of the Dotted States Ninth Circuit, District
of Nevada. the first day of October, 1888 in the
above entitled suit, wherein the above named oom-
! planant obtained a 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 De
! crees in Equity of said Court at Page 1882
ct seq, am commanded to sell tn property in
said decree and order OF SALE and hereinafter de-
| scrlbed.
| 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 County of Lyon in the State OF Nevada.
and commonly known and designsted 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 Constock Lode,
snd the lateral tunnels extending northerly and
southerly from the main tunnel on the course OF
said lode either within the same OF east or west OF
thu same and all other lateral tunnels and all
branches, drifts. workings and shafts connected
with, belonging to, or appurte ant to the same !;
togsthe. with all the property real, personal and
mixed. and all rights, privileges, franchises and
easements thereto belonging or in snywise apper-
tanning ana the tolls. incomes, rents, issues and
| profits thereof.
! Second-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. Sutr0 and bis associates
" to construe mining and draining tunnel, ap-
proved February 4th, 1855; also the exclusive
privilege of the right of way. and to run, con
strGct and excavate a tunnel running into the
Comstoeb 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 shat 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 corp 'rations along the line OF said
tunnel, and others who may be beFehted by the
drainage Of their mines or odes and freeing the
same from the flow of water therein, whatever
rate, price, sum sums OF money or stock which
have been, are. may or 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 or stock which said per-
sons, companies or corporations shsll contract to
pay aud in defsult of the p .yment 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 a ct
granting to A. Sutro the right of way, and grant
ling other privileges, to aid in the construction
" OF a draining and exploring tunnel to the Com
:" stock Lode, in the State of Nevada" approved
July 25th 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 alon2
the line or coui Sc of said tunnel and connecting
with the same at any points which may be Sc
lectod, commencing at point at the hills near
the Carson River and within the boundaries of
Lyon Coanty, and extending from said init al
point a westerly direction seven miles, more or
less. to and beyond the Comstock Lode and the
right way nOrtherly and southerly on tine course
of said lode, either within the same or east OF
west of the same and also 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 dollsr 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 mineral land or in
the bona fde possession of other persons claiming
un0 er any law of Congress the 25th day of July
1856 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 construct 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 25, 1866 also the right
privilege and franchise that all persons, com
panies or corporations owning claims mines on
said Comstock Lode ct 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 me 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 such owners and the COM
panIes 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 III the
State of Nevada to-wit
The S. q of S. E. u of Section SO, Township
II n, Range u E.
The g. W. \ of Section 81, Township II n
Range % E.
The 5 Il of s. E. 4, S. \ of S. W. NV "a
of $, W \ of section 80, Township II N, Range
% Il.
The S. f. \ of S. E. a of Section 2, Township
16 n. Range u <.
The whole of Section l, Township 16 N, Range
q except the following blocks in the town Of