Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-04-08
NOTICE OF SALE By SPECIAL
MASTER.

Notice is hereby given. that pursuant
to a decree Of foreclosure and sale, made
and entered by the circuit court of the
United States, Ninth circuit. district OF
Montana, on the fourth day of March.
A. ID. 1901, in certain cause penang
In said court. entitled Massachusetts
l4oa' and Trust company. complainant
VS.. Butte City Water company. defen-
dant. the same being numbered 1O4, !,
Henry N. Blake, as special master. ap-
pointed by said decree, will sell at pubic
auction to the highest bidder, at the front
door of the court house of the county
Of Silver Bow. in the city Of Butte, state
Of Montana, at IL o'clock. noon, on Mon
day the twenty second day OF April, A.
D. 1901, as an entirety, all the property
premises, rights. privileges, immunities
and franchises in said decree mentloheo
and described to-wit:
1000 inches more or less of the waters
Of Jerry Creek the same being taken
from Jerry Creek at point about one
and half miles above Dewey's Flat.
and conducted by means of ditch there
from to the Big Hole river, and then
humed across the Big Hole river to a
ranch known and called the Churchill
ranch: together with the ditch convey
ing the said water from Jerry Creek
to and across the said Big Hole river
and to said ranch.
Also 1000 inches of the waters of Di-
vide Creek, which was appropriated as
follows: 1000 inches by John F. Cow
an, located and appropriated on the goth
day of June, 1885, taken from the right
fork of Divide Greek. the notice of loca-
tion Of which is recorded in Book A.
page 116, of water right locations. records
Of Silver Bow county, Montana; and 1000
inches located and appropriated by John
F. Cowan on the 22nd day of June, 1888,
taken from the left fork of Divide Creek,
the notice of location Of which Is re-
corded in Book A, page III of water right
locations, records of Silver Bow county.
Montana. Also flume about eight miles
in length conveying the said waters of
Divide Creek from the point Of diver
sion to point on the Utah Northern
railway, where the said railway crosses
the divide.
Also all that certain placer claims To-
Gated and known as the head of the
Hume placer claim, situated on the north
fork Of Divide Creek and near the head
of the wood flume known as Cowan &
Words wood flume and embracing fifty
Acres Of surface ground.
Also that certain franchise and all
fights, privileges and immunities there
under by virtue of ordinance No. 152 of
the city of Butte, being an ordinance
granting the right of way through the
Streets and alleys of Butte City to the
Silver Bow. Hydraulic Mining company
Tor the purpose Of laying water pipe.
Also lots numbered 10. 20, 81, %, % and
n. in block numbered 3. in the Montana
Avenue addition to Butte City.
Also the north twenty-five (25) feet Of
lots numbered eleven QD and twelve
(12). in block numbered twenty-five (s2),
In the city Of Butte, Silver Bow county,
Montana.
Also that part of woolman lode COM
prising part of lot number forty-three
(4S) and described as follows to-wit:
beginning on a point on the north bound
Ary Of lot numbered four a., in block
A, of Warren & Kingsbury addition to
the city Of Butte, fifty (50) feet east Of
the northwest corner of said lot num-
bered four az as the initial point; thence
portherly along the east line Of the plat
Of ground decided by Charles S. Warren
and wife and Benjamin c. Kingsbury
to the Utah and Montana Silver Mining
company, to the northern boundary of the
Woolman lode; thence easterly along the
north boundary of said Woolman lode
to the west line of Main street in said
city of Butte; thence southerly along
the west line of Main street to the north
east corner of said lot numbered four
a. in block A, of the said Warren &
Kingsbury's addition: thence westerly
along the said north boundary line of
said lot numbered four a. in block A.
of Warren & Kingsbury's addition, forty
foe rronr tn Ho nj 90 ~
ginning.
Also that part of Skip lode comprising
part Of lot No. 176, described as follows,
to-wit: Beginning at point ia feet
westerly from Peter Elmer's southeast
corner running thence westerly IS feet !:
thence northerly 20 feet: thence easterly
85 feet: thence southerly 70 feet to the
place of beginning.
Also that part of the southwest quarter
of the southeast quarter of section num-
bered twenty-four (24). in township num-
bered three (2l, north range numbered
egiht (S) west, of the principal meridian
Tor Montana, described as follows, to-
wit: Beginning at the northeast corner
OF the southwest quarter Of the south
east quarter, of section number twenty
four (2D, running thence along the north
boundary line Of said southwest quar-
ter of the southeast quarter of said Sec
ton twenty-four west $50 feet: thencs
south 200 feet; thence east 4S0 feet to a
point on east line of said southwest
quarter of the southeast quarter of Sec
ton twenty-four (24), 200 feet distant
from the northeast corner thereof.
thence north 200 feet to the northeas st
corner the place of beginning.
Also that certain water ditch known
as the Miners Ditch sometimes called the
basin Ditch" and sometimes called
the Rocker Ditch" which said ditch d.
verts the waters of Basin Creek on Ba-
sin Gulch in Silver Bow County Mon
tana, and conveys tine said waters for
use in Butte City and vicinity-includ-
ing the water right thereunto belonging
or used and enjoyed therewith-includ-
ing also all branches or lateral bitches
thereunto belonging or used or enjoyed
Herewith and all fumes reservoirs