Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-04-12
NOTICE OF SALE BY SPECIAL
MASTER.

Notice is hereby given. that pursuant
to 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 a certain cause penang
In said court, entitled Massachusetts
J4oar. and Trust company, complainant.
VS.. Butte City Water company. defen-
dant, the same being numbered lO4, l,
Henry NJ Blake, as special master, APP
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.
ID. 1901. as an entirety. all the property
premises. rights. privileges, immunities
and franchises in said decree mentioned
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
Numed across the Big Hole river to
ranch known and called the Churchlli
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 or d.
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 Creek, the notice of loca-
tion of which is recorded in Book A,
page 49, of water right locations. records
of Silver Bow county, Montana: and l.oOo
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 a 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
flume placer claim, situated on the north
fork of Divide Creek and near the head
of the wood fume known as Cowan 4
Words wood flume and embracing fifty
acres of surface ground.
Also that certain franchise and all
rights, 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
for the purpose of laying water pipe.
Also lots numbered 10, 20, q, %. 90 and
"a, in block numbered 8. 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 numb ered twenty-five (22).
in the city of Butte, Silver Bow county.
Montana.
Also that part Of Woolman lode COM
prising part of lot number forty-three
(43) and described as follows. to-wit:
beginning on point on the north bound
airy 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 (D as the initial point; thence
northerly 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
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 az in block A.
of Warren & kingsburys addition, forty
(40) feet more or less, to the place of be-
ginning.
Also that part of Skip lode comprising
part of lot No. 116, described as follows
to-wit: Beginning at a point ia feet
westerly from Peter Elmer's southeast
corner, running thence westerly 35 feet
thence northerly 20 feet: thence easterly
80 feet; thence southerly 70 feet to the
place of beginning.
Also that part of the southwest quarter
of the southeast quarter of section mum.
bered tWentyfour (24), in township mum.
bered three (S), north range numbered
eSiht (S) west of the principal meridian
for 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 ca. running thence along the north
boundary line of said southwest quar-.
ter of the southeast quarter of said sec.
tion twenty-four west $50 feet; theme,
south 200 feet; thence east 4SO feet to :
point on east line of said southwes
quarter of the southeast quarter of sec
ton .twentyfour (24), 200 feet distan
from the northeast corner thereof
thence north 200 feet to the northeas
corner the place of beginning.
A 50 that certain water ditch know,
as the Miners Ditch sometimes called tn,
"Basin Ditch and sometimes called
the Rocker Ditch" which said ditch di
verts the waters of Basin Creek on Ba
sin Gulch in Silver Bow County, Mon
tana, and conveys the said waters 70
use in Butte City and vicinity-includ
ing the water right thereunto belongin.
or used ana enjoyed therewith-includ
Ing also all branches or lateral ditche
thereunto belonging or used or enjoyed