The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1863-05-21
Name ofPlaintif

fhe manner now provided by law and shall be sub
stantiaIly in the form following:
ain circuit court, state of Wisconsin, county Of
Name ofPlaintif
against
Name OF known defendant,
&. persons unknown, defendts
The state Of Wisconsin to the unknown assign
ees or holders of q certain mortgage 5or other liz
tle,l and the obligation it processes to secure as
the case may be- on or to real estate, executed
by - to, and bearing date the - day
-, A. d. lS-.
You are hereby summoned 10 appear and an
swer the complaint in this action, which is on ME
in the office of the clerk Ofthe circuit court ~ and
for said county OF f., and serve a copy OF your
answer on the subscriber at his Office iii the
here insert the town, Ylha9e OF clty'J WiLhlh hliieT
~ DAYS after the service hereof; and il you fail
TO answer the complaint within the time atore>
said. the plaintiff will apply TO the court 10: the
relief demanded in the complaint.
Dated this.--- day of 1890, A. ID. 10.
.----.----------. name Of plaintiff
.......,., plaintiffs attorney"
sec. A. The publication Of the ummon as
reGuired in this act, shall be equivalent 10 per-
sonal service of The same on such unknown defends
ants and on proof, by the affidavit of the printer
or his foreman, or principal sbooEkeeper, of such
notification, being filed in the office of the clerk
If the court in which such action is pending, and
the time for ansW erlug having expired, and no
appearance made for such defendants the court
sHaI nrOcGeQ with the AGtiUtg, y. all IespGCtS us
though the same had been against tins aaslGpees
or ransferees and holders OF the mortgage or 9th.
er title, and the obligation purporting to have
been thereby secured, by their proper names, and
the summons personally served on them.
Sec. 5. Upon the trial Of any such action, and
when demanded in writing by either party, q jd>
nv shall be summoned. empanneied and sworn TO
try the same. Such jury shall render a special
verdict, and no such verdict shall be set aside for
i~ntormality but any defect, or error Of form in such
verdict, may be corrected by thejudge, before the
Jury are discharged.
Sec. 6. Wherever II ahaiIappear on the trial of
such action, or by the verdict OF a jury, ittried by
> Jury, that the complaint is true and tkst the
mortgage or other title, or the obligation it may
purport to secure, was obtained fraudulently. or
by or under false pretenses, or that the plaintiff
or the person through whom he claims, was nducN
ed 70 execute such mortgage OF other title, or such
obligation, by false and fraudulent rspresentas
tons relative to the considerations for which the
same was executed, or that such consideration has
failed, or that such mortgage OF other title or such
alleged obligation, has ceased TO operate, or mas
been satisfied, the court shall, by its Judgment Or
der, decree and adjudge that such mortgage or
other title be null and void, and that the same be
cancelled, released and discharged of record
and may also. order, decree and adjudge the obli>
cation such mortgage or other title purports to Sc
cure, illegal, invalid, imperative or satisfied, and
may grant such ether and further relief as may be
deemed equitable. Ia case the unknown assigns
~ Va ''AASA - "NNNN 49, 'NANA ''Nho VI ~
legation, shallnOt have appeared i'll the action.
such judgment shall have HE same force and efA
feet a. Judgments against absent defendants, and
shall be as effectual to bind and bar them, as il
tie action had been against them be their proper
names.
Il Sec. I. Whenever d copy of the Judgment OF
the court, duly certified by The clerk Of the court,
shall be deposited in tie office of the register of
deets where such mortgage or other title is record
ed,ahuwing that such mortgage or olher title is ad,
Judged by the court to be nall and void, and that
the same be cancelled, released and discharged
from record, it shall be the duty otsuch register
of deeds 10 record such judgment in d book If
deeds, aud Immediately cancel and discharge of
record such mortgage OF other title, by writing ON
the margin 0fthe record thereof as follows: Cam
celed discharged of record, by order OF the court, >
ana adding thereto the number of ;he volume in
ana page Oh which such judgement il recorded -
And The register shall be entitled 10 receive such
fees therefor Us lie is now by law allowed tor SINH
lar services.
Sec ) Whenever Judgment shall have been
reudet ed Ia any action commenced under the pros
visions Il thIs act in any fthe circuit courts OF this
slate, and any party thereto desires TO appeal
theretroln,such appeal shall be taken and perfect
ed III lie manner provided by law. within six
months tom the date of the entry Of such judg-
nuent, HnG not thereafter.
Sec. 8. In cases of appeal under the provisions
OF lhls act, where the action was tried by the
court and ii Jury, the supreme court may review
dl.queauuns of law presented by the record or the
bill OF exceptions, but the verdict of the jury shall
he conclusive as to the fact in the case.
Sec ia. Any evidence that might have beer
offered IA the trial ofsucll actiJn by the maker OF
such MOI tgage or other title, or OF The obligation
purportng to be secured by the same, may be ot>
fei ed by amy and all persons having any interest in
The land or any part thereof, covered or affected
by such mortgage or other title
sec IL. Whenever the plaintiff or his agent or
attorney shall present 10 the Judge ct the court in
whlch such action Is pending, or to court commits
sioHera, hs affidavit, stating that certain written
evidence necessary on the trial of such action is in
tile possession or under the control Of any rails
road company of this state, or of any person or
persons managing, controlling, administering or
operating the property OF lori franchise, or both, OF
such ralirOad company, Specifying, IN substance
thu nature OF such written evidence, and the facts
intended to be proven thereby ,suCn judge or court
commissioners shall issue all order to such railroad
com pany, or to such person or persons SO manag~
ing, controlling, administering or operating the
property or franchises, or both, OF such railroad
company, commanding the same 10 produce such
written evidence on the trial OF such action and
sucn order shall be served on such railroad COM
Pully, or their proper representatives, in the nam
ner now provided 10y law, at least Ten days before
the tilst day of the term at which such action is to
be tried. On failure TO produce such evidence ON
the trial, the complaint of the plaintiff III the ac>
uon shall be taken and held TO DE true, and stand
confessed as to such railroad company pr0u2ded,
such railroad company is a party to the action and
have such evidence IN their possession or under
their control.
Sec. II. 1.-THE holder of any such mortgage
shah a 3vertise the mortgaged premises for sale. by
YiEtue Of the power to sell, contained III such m0rt~
gage, or by virtue OF any law OF this state authors
lzlhg The foreclosure OF mortgages by advertlse>
mem, and the mortgager OF any person interested
IN Tie noItgaged premises, or any part thereof,
shall have filed his complaint and commenced an
action under the provisions Of tins act, against the
holder thereof, and shall state in the complaint,
N4t flied hV his Affidavit that such HIurftrappu DrEID.
ises are advertised for sale, the Judge of the court
III which such action Is brought, or ID court cons
missioner, shall issue ali order enjoiniug such sale
until the action so commenced shall nave been
uieu, heard and determined in the manner pre-
eclIbed in this act. And if the nprtgaged premises
shai! have been sold before the commencement of
such action, or before the issuing OF such ipjunc-
tional order, end the time to redeem shall not have
expired, and the plaintitfin such action shall pres
sent TO the judge or q court commissioner, his atfi-
daEit, stating the tacto OF such sale, and that the
TIME to redeem had not yet expired, such Judge or
court commissioner shall issue an order eni0lning
allturther proceedings under such sale until the
final determination OF such action and if such ac-
ton be finally determined in favor Ot the plaintiff
the court shall adJudge such sale null and void;
and II such action De finally determined ia favor OF
the defendant, the uneXpired term to redeem shall
be deemed to commence from the day Vi the final
determination Of such action.
Sec. Is. No witness. called IN any actl, IL author
lied by this act, shall DC excused from answering
any question material 10 the issue, out his teStlmoA
nv shall never be used against him in any criminal
prosecution or trial.
See. IA. All costs and fees OF any kind or ma,
ture, whatever, necessarily incurred in the prose-
cutiOn or defense OF any action under the provision
OF this act, except state tax and internal revenue
dues, shall abide the event Of the action, any law
to tile contrary Notwithstanding.
See. ID All actions commenced under the pro-
visions of this act, must be tried in the county
where the real estate covered DO such mortgage or
other title, or a part thereof, is situated, or where
the mekerof the mortgage or ether title, or Of the
obligation pretended to be hereby secured, or his
or her legal representatives, reside: pr0glded that
a change ofreYenue be granted in the manner and
torthe reaSocsnow provided by law
Sec. 10. All provisions of law in this state in>
CONSTANT with the provisions OF this act, are heres
by declared imperative, for the purpose of this
act.
See. IL. This act shall take effect and be in
force from and after its passage and publication
PForlded, h0rerer, that the provisions Of this act
snail apply only TO such mOrtgarps and nblioa>