Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-05-07

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of real estate, to cancel mortgages or other ii
ties TO real estate, &c discharge the same G
record, and to declare the obligations which the
may purport to secure, Illegal, Invalid imperative
void or satisfied. Such actions may be brought b.
the maker of such mortgage, or other title, or b.
his legsl representatives having an interest in tn
premises covered by such mortgage ether title
And when any such mortgage, or othgr title or OBJ
legation, has been assigned transferred and th
assignee holder thereof shall be unknown to til,
plaintiff, such plaintiff my lmsyl proceed agsins
| the unknown assignee or holder of such mortgage
or other title or oegation as against 'persons un
known !; and in all such cases, service of the sum
mons shall be made on such unknown assignee OF
holder of such mortgage, or other title or obliga
.ion, by publication, in the provided by
law aud on the mortgage, assignee or other
grantee or claimant of record, service of the
mons shall BE made in the manner now provided by
Sec. :. Such actions shall be commenced and
prosecuted in the same manner now provided by
law ior civil actions, except as herein otherwise
Sec. ). Whenever, in any such action. the plan
Till lplalntih or his agent or attorney, shall make
and present TO the judge of the circuit court in
which such action is pending, or to court commits
missioner, his affidavit, stating that he has good
reason to believe that such mortgage or other title
or such obligation has been assigned or transfer
req, ana that the plaintiff lplaintfl does not know
or that he has no information sufficient to form a
belief, to whom such mortgage or other title and
such obligation was assigned or transferred or who
holds the same, such judge court commission BIS
shall order service of the summons on such I'M
known sssignee or holder, to be made by publica-
ton, I'D the manner now provided by law, and shall
be substantially in the form following:
SIN circuit Icourt,l state of Wisconsin, county
Name of plaintiff
against s.s
Name OF known defendant,
and persons unknown, defend ants.
The state OF Wisconsin to the unknown as
slgnees or holders Of certain.nortgags, Cor other
tte) and the obligation it Processes to secure Gas
the case may oe) on Cor to- real estate, executed
oy ..... to 100, and bearing date the ...... day
.,.-.., A. D. IS.
swer the complaint in this action, which is on file
in the Office Of the clerk of the circuit
lor SAID county of and serve copy OF your
swer on the subscriber, at his Office in the ,<hece
insert the town, village or city, within ninety DAYS
after the service hereof and if you fail to answer
the complaint within the time aforesaid, the plain
till will apply to the court the reliet demanded
in the complaint.
Dated this day of ......, A. D. 49,.
...... ...... plaintif's attorney"
Sec. 4. The publication of the summons, as re-
quired in this act, shall be equiv eeat Iequivaentl
to personal service of the same such unknown
printer or his foreman principal bookkesper, of
such publication, being flied in the Office of the
clerk of the court in which such action is pending
and the time for answering having expired, and no
appearance made for such defendants, the court
shall proceed with the action, in all respects as
though the same had been against the assignees or
mortgage other
title, and the obligation purporting have be en-
thereby secured, by their proper names, ard the
summons personally served on them.
Sec. 5. Upon the trial of any such action, and
when demanded in writing by either party, a Jury
shall be summoned, empanneledl and sworn to. try
the same Such jury shall render q special YER
dict, and no such verdict shall be set aside for
informality but any defect Of form in such
verdict may be corrected by the judge, before the
jury discharged.
Sec. 6. Whenever it shall appear on the trial of
q or nv varHic f Ofs i,rrv 4
ury, that the complaint is true, and that the
mortgage or other title, the obligation it may
purport to secure, was obtained fraudu!entIy, or
by or under false pretenses, that the plaintiff or
the person through whom he claims, was induced to
execute such mortgage or other title, such OBJ
legation, by false and fraudulent representations
relative to the consideration tor which the same
vas executed or that such consideration has failed
or that such mortgage or other title, or such al
legged Obligation has ceased to operate has been
satisfied, che court shall, by its judgment, order,
decree and adjudge that such mortgage or other
title be null and void, and that the same be can.
celed, released and discharged of record and may
also order, decree and adjudge the obligation
such mortgage other title purports to secure
illegal, invalid, imperative satisfied, and may
grant such other further relief may be deemed
equitable. IL case the unknown assignee or holder
OF such mortgage other title or oblig shall
not have appeared in the action, such judgment
shall have the same force and effect as judgments
against absent defendants, and shall be as eectual
to bind and bar them, if the action had been
against them by their proper names.
Sec. Z. Whenever copy of the Judgment of
the court, duly certified by the clerk of the court
shall be deposited in the office of the register OF
deeds where such mortgage other title is record
ed, showing that such mortgage other title is
aoJudged by the court to be null and void, and
that the same be Cancelled, released and discharged
from record it shall be the duty Of such register of
deeds to record such Judgment In book of de eds.
and immediately cancel and discharge of record
such mortgage or other title, by writing on the
margin of the record thereof as follows: aCancsIeG
and discharged OF record, by order of the court"
odd z ham 10 f1n,,
and page on which such judgment is recorded
And the register shall be entitled to receive sncb
fees therefor as he is now by law allowed for SINH
lar services.
Sec. s. Whenever judgment shall have bee,
rendered in any action comemnced under the pro
visions of this act in any OF the circuit courts of
tbs state, and any party thereto desires to appea
thereirom, such appeal shall be taken and perfect
ed in the manner provided by law, six months
from the date Of the entry of such judgment. and
not thereafter.
Sec. 8. In cases of appeal under the provis;on.
of this act, where the action tried by the urt
and jury, the supreme court may review all
questions of law presented by the record or the bill
Of EXCEPTIONS buG the verdict OF the jury shall be
as to the fact in the case.
Sec. 10. ANY evidence that might have been
offered on the trial of such action by the MAKER of
such mortgage or other title, of the obligation
purporting to be secured by the same may be offer
ed by any and all persons having any interest in
the land or any part thereof, covered affected by
such mortgage or other title.
Sec. IL. Whenever the plaintiff or his agent or
attorney shall present to the judge of the court in
which such action is pending, or a court commits
soner, his affidavit, stating that certain written
evidence cessary the trial of such action 10 in
the possession under the control OF anv railroad
company OF this state, or OF any person or persons
controlling, administering or OPERATING
the property of or franchises, or both of such
railroad company, specifying, in substance the
nature of such written evidence, and the facts
intended to be proven thereby, such judge or court
shall issue an order to such railroad
or to such person persons SO managing
controlling, administering operating the prog
ty franchises both, of such railroad coinnanv
the same to produce such written
evidence the tr al of such action. and enoh
order shall be served on such railroad company, or
their proper representatives,, in the manner now
provided by law, at least ten days before the fra.
day of the at which such action is to be tried
On failure to produce such evidence on the trial
the complaint of the plaintiff in the action shall be
taken and held to be true, and stand confe On
to such railroad company Dropide1 such railroad
cempa' is party to the action, and have such ey-
idence in their possession under their controI
Sec. u. 1t the holder OF any such mortgage
shall advertise tbe mortgaged premises for sale nv
virtue of the power to sell, contained in such mort
gage, or by virtue OF any law ct this state author
izng the foreclosure Of mortgages by advertise
mem, and the mortgagor or any person Interested
in the mortgaged premises, or any part thereof
shall haved filed his complaint and commenced an
action under the provisions of this act, ainst the
holder thereof, and shall state in the Complaint.
verified by his affidavit, that such mortgaged premi
ses advertised for sale, the Judge of the cont
in which such action is brought, or a court commis
sonsr shall issue order enoining such sale until
the action so commenced shall have been tried.
heard and determined in the manner prescribed in
this act. And if the mortgaged premises shall
have been sold before the commencement of such
action, or before the issuing of such injunctional
order, and the time to redeem shall u OF have eY
pired and the plaintiff in such action SD all present
to the Judge or court commissioner, his aidavit.
stating the fact of such sale, and that the time To
redeem had not yet expired, such judge or cour,
commissioner shall issue an order enjoining all fnr
Their procee dings under such sale until the final d.
termination of such action: and if such action h.
finally determin ed in favor Of the plaintiff ~
court shall sdjudge such sale null and void and II