Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1889-01-19
THE sUTRO TUNNEL COMPANY, |
Defendant. ]


Defendant.
Under and by virtue of decree of fore losure
snd order of sale made and entered i'll 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-
plsinant obtained judgment and decree against
the above named defendant, which said decree
was, the first day of October. 1888. recorded
crees in Equity of said Court at Page $50
ct seq. am imsnded to sell the property in
said decree and order Of sale, and hereinafter de-
scribed
he 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 an" des grated as the Sutro
Tunnel commencing ut point at the hills near
Carson river and with the boundaries of Lyon
County aforesaid, and extending from said initial
point in westerly direction seven (I1 miles
more or less, TO and beyond the Coin-t"tk Lode
and thu lateral tunnels ex'enGing northerlv and
southetly from the main tunnel on the course of
said lode, either wit in the east west OF
thu same. and all other lateral tunnels and all
branches. DRIFTS. workings and shafts connected
with. belonging to- or sppurte att to the S me :;
together with all the property. real, personal AMI
mixed, and ell rights, privileges. franchises srd
easements thereto belonging or in anywise apper-
tanning. ana the tells, incomes rents, issues snd
pro fits thereof.
Secopd-All of the franchises. pr perty, RIGHTS
privileges and easements a qu red or held by the
Sutro Tunnel Company. aud granted under or by
force of OF the IL gislature of the State OF
Nevada entitled IAN Act granting the ght of
" way and authoriz ny a. suiro ani bis associates
" to construct mining and draining tunnel, ap.
proved February Attn, 1866; also the excluslv-
privilege of the risht of way. aud to run, con
struct and excavate a tnnEel rlnpiug into tn
G mstock Lode from any point sele tie or to be
selected in the foothills o. the Carson River Val
ley. Within the boundaries of Lyon County. aud
between Corral Car yon and Weber Canyon and
also to siDk mining shafts along the line
Of said tunnel. and conn citing with the same OF
such POINTS 1s have been or may be selected and
to charge for the benefit derived by the persons
companies or corp, rations along the ] ne Of said
tunnel. and others who may be berehted by the
drainage Of their IN odes ard freeing the
same from the flow of watFr therein wha ever
rate, price. sum or sums o. money or stock which
have been, are. may or shall be agreed upon b,
and between the corporation, person or persons
to be benefited Hs Aforesaid ami to receive ana
collect all sums of money or stock witch said per-
sous, companies or corporations shall contract to
pay /; and in default of the p tyment of the same.
according to the tenor and condition of such con
tract contracts IT, for aud coil. ct the same
in any Court of competent jurisdiction in the st te
of Nevada.
Als", all the prone-ty, rights privileges.
ments and franchises held by the sutru Tunnel
Company and granted by the Act OF Congress of
the United states Of America. entitled - An ct
" granting to A. Sutlo the right of way, AMI rant
" OF a draining and exploring tunnel to the Com
" stock Lode. in the Stste Of Nevada" approved
July 25th A. D., 1866.
Also, the right Of wsy to run, construct and ex.
cavate a mining. draining and exploring tunnel
and to sink mining, working and air shafts alon'
the line or course OF said tunnel ana connecting
with the same at any points which may BE-
lectod, commencing at u point at the hills near
the Carson River and within the boundaries of
Lyon County, and extending from said init al
int In.
less. to and beyond the Comstock Lode and the
right of way norfherly and southerly on tine
of said lode, either within the east or
west OF the same and also on or along aDv other
lode which may be discovered or developed by the
said tunnel. ALTO the right to purchase from the
United States at one do1lar and twenty five cent?
per acre, suffici nt amount of public land near
the mouth OF said tunnel for the of the same,
not exceeding two sections, not I1iDera land IN
the bona .fde possession OF other persons claiming
uno 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 Iodes within two
thousand feet on each side Of aid tunnel, have
been or shall be cut, discovered or de, elcped 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, irn-
panies or corporations owning claims mines OF
said Comstock Lode or any other lode drained
ben fitted or developed by said tunnel. shall hold
their Claim subject to the condition that they
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 such owners and the COM
panles representing majority of the estimated
value Of said CONS Jock Lode on said 25th day of
July, 1866.
Third-Also the following d escribed tracts of
land situated in Lyon and Storey Counties iu the
State Of Nevada o-wir
The s. E. a of s. E. Il Of Section SO, Township
II N, Range II e.
The q. W. h of Section 81, Township IT N,
Range % Z.
The 8. " of 3. y. 4. g. y of 8. " A,Nw "A
of s. W. of section so, Township II N, Range
% H.
The 8. f. u Of s. E. d of Section ., Township
16 N, Range 81 Z.
The whole Of Section l. Township 10 N, Range
81 Z except the following blocks in the town Of
Sutro, as per official map, viz Nos. 4.4, AIS 426
427, 42s. 429. 400, 43l AGO. 40. All 472, Alb i74
ATS. 476, 524, 525 526. SGT, 525 $40, $780, 53l 569
$40. ST., 572. 57a. 574, 575 576 ST. 57s $40, $50,
5sl. $50. 6ls. 49, G20, gu, 90. 623. ga 6a5 c2G
617. 6zS. 500, $780, 65, $50. go. 671, Ga 673 GA
675. $40. 724. 725 1876. 49, 1873, 729. 730 49, 76g
77s. III. 772. 49, TIA. IT'S. 776 s2G 1927, s2s s2o
s71. s72. 1913, 874, 916 927 92s. $780, 97l 972. 973
and 974.
The whole of Section 9. Township 10 N. Range