Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1862-04-30
CHAPTER 2f3.

-. ,CT relating to the foreclosure of mortgages
- by action.
-. Fsopis # he St,its Of Wisconsin, represented
10 20 Ssndte and Assembly. do enact us jotGoTs:
SECTION l. All actions hereafter commenced in
- r,urt OF this state, for the foreclosure salts
..i,u Of a mortgage upon real estate, shall be
,,meucpd, tried and determined in the county
-i,rc the mOrtgaged premises, or some part there
a are situated: f'rOrtded, that the cour' in which
-v such actiOa shall be pending, may award a
--sn-e Of venue therein, upon the application oi
ber or any party thereto, for the same causes
rl m the same manner as in other civil actions
sec =. In alt sucn actions, the PlaintlI' IN
rs complaint, may pray for Judgment OF iole
roure and sale OF the mortgaged premises III ili'
I'm, amt described, aud may also, IA me san Sou
ant, pray for judgment Ir any ~ smch
INT If foreclosure and sale, after the sale OF
~ lnortgaged premises in pursuance OF such
INIT. aud surh complaint, so containing the
.u--t ,raytrs aforesaid, shall not be taken, con-
sr'e'g - <Iiudrrd TO unite improperly several
s'N Of ,ctisn or to be in violation OF any law
e--s STATE. or II any rule of any court of this
state. = oil sY.h actions now pendin- in
g III in which the sher. rs or referees
al. - ,he sale Of the mortgaged premises has
tet't confirmed by an order OF said court, asd
no. s.,io,s hereafter commenced for the fore
IL a. - s,tisfactlnu Of a mortgage up n real
c.osuIe y a,,rt ma, on motion of the plaintiff
in cas-. the moneys arlSing from the sale OF
~ ,r,t-agri pre- misses snail De insunclent &c pay
ne mo fi the plaintiff for principal, interest,
tHt expenses Of such sale, (tO) enter rem
i,I,I-,I-nt against the defendant or defend
- no executed the zoe, bond other evil
- If debt accompanying the mortgage, for
- mount If such deficiency, at the time of
49, Confirmation OF the sheritf's referees
-. ar ,ale or at any time thereafter, aud
e. such report shall specify the amount of
t-.b' IL fcjeucv. IL the mOrtgaged debt be secured
- tsr obligation CT other evidence of debt exc
FOL bv any other p. rsOn besides the mortgagor,
.[s rIslutif may maze such person a party TO the
-.,sn and the court enter render juigme ut for
-Es balance of such debt remaining unsatsfied af-
,-ssae Of the mOUtgaged premises, as we'll against
.r.b other person As against the mOrtgagor, and
nav enforce such judgment as in other cases: pro
-tt that thu provisions of this section shall not
INV 10 or affect actions or proceedings to fore
rs. suv mortgage, or enforce any instrument or
,-rt-,.t made given by any person or persons to
,-v r5r;o-ztion, in whole in part, for subscrip
IN % ;he capital stock of such corporation,
rs- ia payment OF such capital stock, in whole or
ra-t or made with or given to any person or
rr,sns for the benefit of such corporation, either
ia payment aforesaid, or as security for such
PAYMENT.
Sec !. All acts and parts of acts inconsistent
Win or C0ntraveuing the provisions Of this act, are
hereby repealed
Sec ;. This act shall be published immedi-
a'ey after its passage and shall take effect and be
10 force immediately thereafter.
Approved april !, 1852. to- COPY.