Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1853-05-13
LAWS OF WISCONSIN.

SENATE ana 4fSScHtDtYs 40 eItuCt us JotODS'
Section l. All lands upon which the taxes, in
terest, and charges shall not be paid as provided
by law, shall be sold therefor according to exist
inc laws; and the officer making the sale shall set
forth in the certificate thereof issued TO the purcha
ser, in addition to the facts now required by law
TO be stated in certificates OF sale OF lands sold tor
taxes that the holder of such certificate has lien
upon the lands therein described for the amount
for which such lands were sold, and for all taxes
subsequently assessed on such lands that he shall
paw with COSTS charges and interest on the sever
al amounts, as provided by law; and that such hol-
der NAV forclose such lien, in the manner provi-
ded by law at any time after the expiration of three
years from the date of such certificate; and any law
of this state requiring the officer making such sale
to state the time when the purchaser or holder will
be entitled to a deed, in the certificate of SALE is
hereby repealed.
Sec. 2. The purchase money set forth in any
certificates of sale of any tract of land sold for tax
es and the costs and charges and interest allow
ed by law, and all taxes paid by the holder of such
certificate, or his asSgnor, subsequent to the date
thereof with interest thereon at the rate of twenty
five per centum per annum from the time of pay
ment, shall be lien upon such land until the same
shall be redeemed, as provided by law; and the
transfer of auy such certificate shall also transfer
TO the assignee the right ofthe asignor to such sub
sequent taxes and interest.
Sec, 3. The holder of any certificate of sale of
lands sold for taxes at any time after the expira
ton of three years from the date of such certificate
may in there is subsequent certificate of tax
sale of such land unredeemed and not owned BY
such holder, and also in case all taxes assessed on
such land subsequent to the date of such certif
ieatehave been paid file his bill in chancery in the
circuit court of the county where the land lies or
In any other court in such county having chancery
jurisdiction, for the foreclosure of his lien under
such certificate by sale of the land subject to such
lien under the decree of the for the atisfac-
ba I'll
any interest in such land, if known, shall be made
parties to the proceeding aud served with process,
and the service Thereof shall conform rs near as
may be to the practice of courts Of chancery in the
foreclosure OF mortgages; and in case such own
er or other persons so interested are unknown the
bill and proceedings shall be against the unknown
owners of such land, describing it and in case
any such land is occupied notice of such foreclo-
sure shall be served upon the occupant, who may
detC-t the suit on his own motion The court
shall allow the complanants lien and the certiti-
cate OF sale and the receipts of the proper tax col
lectng officers shall be evidence thereof and shall
upon aSccrtanng the amount of such lien enter
up decree against the land for such amount, to-
gether with all costs of suit and SALE and also
decree that the land and premises subject to such
Ien Or so much or such part thereof us will be suf
ficcnt to satisfy the amount so due be sold to sa-
tlsty and discharge the amount of such decree
against it which decree shall be carried into eff
crees for the foreclosure of mortgages and the COM
plainant may become the purchaser at the sale If
the land should be sold for more than the amount
of the decree against it and all costs, the excess
Shall be paid over to those entitled TO it under an
order OF the court. The decree of foreclosure shall
set forth the amount of liens against each tract Of
land as the same was sold, and the whole of each
tract OF land shall be offered for sale separately for
the amount of liens decreed against it, unless the
court shall otherwise order and decree. Upon the
coming III OF the report of sale made by the officer
conducting the same, the court shall. if no good
cause be shown to the contrary enter an order d.
recting such officer to execute acknowledge, and
deliver TO the purchaser, or his or her assiQnees
q deed of the lands and premises so sold which
decd shall be executed and acknowledged as deeds
Tor the conveyance OF real estate required to be
executed and acknowledged by the laws of this
state; and such deed so executed and acknowledge
cd shall be conclusive that the title i'll fee simple
of the lands and premises described in such deed
is absolutely and indcfeasibly vested in the gran
tee thereof subject however, to be Invested bv re-
versal of the decree of foreclosure or the proceed
ings subsequent thereto.
Sec. 4. All lands sold for taxes may be redeem
cd from such sale i'll the manner provided by exis-
ting laws at any time before the deed is executed,
approved, and acknowledged, as provided by this
act by paying TO the clerk Of the board of superyi
sors the amount of the certificate of sale and all
subsequent taxes paid by the holder of such certi
hcate, with the interest; and if such redemption is
sought to be made after suit is brought to f1reclose
the tax lien on any land so sought to be redeemed
the same shall be made by paying the amount
thereof, together with all interest and costs of suit
to the clerk of the court.
Sec. ). Any person or party interested in the
orders and DEGREES of the court, made under this
act may appeal thercfrom to the supreme court
as in other cases.
Sec. 6. The owner Of any land or prison inter-
cSted therein, the tax lien upon which has been
torecloSed in pursuance of the provisions of this
act, may file at any time within one year after
such foreclosure, III the proper court, his petition
under oath, stating that the taxes assessed upon
such land for the year which was the basis of such
foreclosure were actually paid or if sold for such
taxes, that the land was redeemed from such sale
us provided by law; or that such land was not
subject to taxation for such year; and also that he
had no personal notice of the suit for such f,reclo
sure; and thereupon the court shall open such de-
cree OF foreclosure and award hearing of the facts
alleged only; and if upon such hearing the facts
alleged shall he found to be true the court shall
set aside the decree of foreclosure and order the
deed to the purchaser 10 be cancelled and enter mn
Il cree cancellng the same; and that the land
conveyed by such deed be discharged from such
tax lien which was the basis of such deed and shall
also by decree award costs to the defendant mr. de-
PENDANTS. ANY minor owning or having any inte- |
rest in lands sold for taxes which shall be f3reclo |
sed under this act, at any time before arriving Mt
tull age, and one year thereafter NAV on netition
have hearing of such foreclosure upon the merits
OF the case, and may have the right of REDEMPTION
ut any time before the second final decree of fore
closure; and idiots, insane persons, and married
women shall have the same right to a rehcaring in
such cases rs minors, at any time within five years
after the final decree of foreclosure shall be entered
up Provided, That in no case shall anv decree of
foreclosure be set aside under this section. unless
the taxes actually and in good faith paid by the
complainant in such foreclosure suit and also the
amount paid by the purchaser at The sale under |
such foreclosure, or by any person claiming under
HIM, with interest thereon from the date of nav !
ment at the rate of twenty-five per cent. per an.
NUM-, are paid or rendered to the person or persons
claiming under such foreclosure sale. unless the
same taxes have also been paid by the person sec
King to set aside such foreclosure or those under
whom he claims
See 4 In bills to forcclose under this act il
ShalI not be necessary to n valid decree that the
names OF the owners are correctly set forth if the
premises are described with reasonable certainty
me bill shall be supported by the oath of the com.
rlanant, or OF some person HAY ing kuowIedce ofl
the iacts alledged; it shall set forth the names al
the persons interested if known and if untnoT,,,
that the complainant diligent INQUIRY could W.,
ascertain those facts and it shall only be ncccS.