The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1862-05-22

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CHAPTER 243.
AN ACT relating to the foreclosure OF mortgage
hY action.

CHA II %4Bs
AN ACT relating to the foreclosure OF mortgages
by action.
The PeopZe Of The State of Wisconsin, represented
81 Senate and assembly, do enact as tollors:
Section l. All actions hereafter commenced in
any court of this stale, for the foreclosure salts
faction of mortgage upon real estate shall be
menced tried and determined in the county where
the rnortgaged premises or some part thereof are
situated proUtded, that the court in which any
such action shall be pending, may award a change
of venue therein, upon the application of either oI
any party thereto, for the same causes and in the
snrne manner as in other civil actions.
Sec. 2. In all such actions the plaintiff in his
complaint may pray for ajudgment Of foreclosure
snd sae the mortgaged premises in his complaint
described, and may also, in the same complaint,
pray for . Judgment for any deficiency which may
remain due to the said complainant on such judg
ment Of foreclosure and sale after the sale ofsuch
mortgAged premises 10 pursuance OF such Judgment;
and such complaint, containing the several pray
era aforesaid, shall not be taken construed or ad
iuda ed 10 unite improperly several causes of action
or be in violation of any law Of this state or Of
any rule of any court Of this state.
Sec 3. In all such actions now pending in any
court and in which the sheriff 6 Or referees report
of the sale of the morgaged premises bag not been
confirmed by order Of the said court, and in all
actions hereafter commenced for the foreclosure
satisfaction of a mortgage upon real estate, said
court may motion OF the plaintiff therein, iii
the moneys arising from tue sale of the mOrtgaged
premises shall be insufficient to pay the amount due
the plaintiff g.. principal, interest, costs and ex
penses of such sale, 10 enter or render Judgment
against the defendant or defendants who executed
the note bond or other evidence OF debt accompa-
nying the mortgage, Tor the amount OF such def
cheney at the time Of tho confirmation of the sher
if or referee report Cfsse, or at any time there
after and that such report shall specify the amount
Of such deficiency. If the mortgaged debt be
cured by the obligation or other evidence of debt
executed by any other person besides the mor;gsg-
or the plaintiff may make such person party to
the nction aud the court enter or render judgment
for the balance of such debt remaining unsatisfed
after a sale of the mortgaged premises, well
gainst such other person against the mortgagOr,
and may enforce such judgment as in other cases:
provtded that The provisions of this section shall
apply to affect actions proceedings To fore
close any mortgage, or enforce any Instrument or
contract made or given by any person or persons
% any corporation in whole in part for subscTp
ton to the capital stock of such corporation or
given in payment of such capital stock, in whole
or in part, or made vita or given to any person or
persons for the benefit Of such corporation, either
in payment as aforesaid, or as security for such
payment
Sec. J. All acts and parts of acts inconsistent
with or contravenjng the provisions OF this act
are hereby repealed
Sec. 5 fhs act shall be published Immediately,
and shall take effect from and after it5 publication
Approved ADriI z 1862