Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-05-06
laws Of Wisconsin
lPubiished April IS, 1861
CHAPTER aOs.

:
The people OF the state OF yrt.-,--s z-ss<zas
IN senate ana assembly DO enast q foilcvs % =
Section I. Actions may be brouebt ~ -. a.
of real estate, or 10 cancel morsraresns az '.ss
Ties 80 real estate, or to dischaxe. r.. -. ~ u
record and to declare the ob,isAson, Which thew
Void or sssisasd. such actions may be brourhs h !,
the maker of such mortgage, or other title or b.
ms legal representatives having insersse Ia
PIE misses covsrsd by such mortgage or ether title
and when any such mortgage, other title or OBJ
Sa ton, has been assign ed transferred, and tn
assignee or holder thereof shall be 60 ca
| painful, such plaintiff my ImsyI proceed against
| eue anknown assignee or holder Of such mortgage,
OF o'her title or oeiigation sgainst spersons
known ana In ali such cases, ssrvice OF the sum-
| Iaons shaii De made on such unknown assgpee or
hoider OF such mortgage, other title or obliga-
ton, by publication in the manner nov PROVIDED bv
| law and on ths mortgagee. assigned or other
| srantee OF claimant ct record, of abe sum-
| law. - --eA NV p1ofioso1J
Sea- Such actions shall be commenced and
prose ented IN the same manner provided by
| prescribed.
| Sec: s. Whenever, in any So ch action, the plan
TN lplaintihl &C his agent or attorney sha make
ana present TO the judge OF the circuit court in
u suen acaon Is pending, or to q commits
missioner has afhdavit, stating that he has good
reason to believe that such mortgage or other tI,
OF such OBLIGATION has been assigned or transfe.-
Ieo, aaa that the plantiU lpiaintifl does know
or that he has no Information suficisnt TO forp,
oenei, to whom such mortgage other title and
suen obligation vas assigned transferred, or who
hoIds the same such judge or court coumi s-s
suau order service of tho summons on such I'M
nne"n assguee or holder, to be made BY pubIiea.
pon III the manner now pre- fided by law, and shall
De substantially in the form following:
La circuit lcourt,l state of Wisconsin, county
Name of plaintiff
against
Name OF known defendant, Z ~ s
and persons unknown, defendants
The state OF Wisconsin to the unknown as
tite and the obg alton It processes to are. Sas
the case may De- on COR to, real estate, executed
by ---. TO .-.., and bearing date the 1880. day
You tare hereby summoned to appear and an
s"er the compsint in this action, which 10 on Gle
IN tns Office of the clerk of the circuit court in and
swer on the subscriber at his efsce in the fher.
after the service hereof and r yon f. ne DAYS
the complaint within the time ao-e said the niain
TN wil apply to the court for the rsliet demanded
in the complaint
Dated this day Of 1900, 4. D. IS.
name OF plaintiff.
Sec. 4. The publication OF the summons, Is re-
QoiEe In tins act, shall be equivoelt IeQuvalentl
TO personal service of the same such unknown
defendants, anu on proof, by the AFFIDAVIT Of the
printer or his foreman principal bookkesper, of
such publication, being fled in the Office of the
clerk OF the court in which such action is pc ding
and the time for answering having expired, and no
appearance made for such defendants, the court
shall proceed with the action in all respects ~.
though the same had be against the assig or
trAnsferees and holders of the mortgage or other
title, and the obligation purporting nave been
summons personally served on them. $50
Sec. 5. Upon the trial of any such action and
when demanded in writing by either party, q jury
shall be summoned, empanneled, and sworn to try
the same. Such jury shall render a special YER
diet, and no such verdict sb all be set aside for
informaIty, but any defect error Of form such
verdict may be corrected by the judge, before the
jury discharged.
Sec. q. Whenever it shall appear on the trial of
such action, or by the verdict OF jury, If tried by
= jury, that the complaint is true, and that the
mortgage other title, or the obligation it may
fraud or
by under false pretenses, that the plaintiff or
the person through whom he claims was iuducsd 20
execute such mortgage or other title, or such OBJ
legation, by false and fraudulent representations
relative to the consideration tor which tho same
was executed or that such oonsideT failed
or that such mortgage or other title, or such al
legged obligation, has ceased to operate has been
satisfied, the 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 sbhgatio
such mortgage other title purports to secure
illegal, invalid, imperative or satisfied, and may
grant such other further relief as may be- deemed
equitable. In case the unknown assignee or holder
OF such mortgage OF other title obligation shall
not have appeared in the action, such iudgment
shall have she same force and effect judgmsnt Is
against absent defendants, and shall be eifectual
to bind and bar then as II tho action had bsen
against them oy their proper names
sec. Z. Whenever a 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 wiere sEcn mortgage othe- title record
ed, showing that such mortgage or other ,ltls in
that she same be Cancelled released and discharged
from record, it shall be the duty register of
deeds to record such Judgment IN a book OF desds
ana Immediately cancel and discharge OF record
such mortgage or other title, by wiring on tho
margin of the record thereof follows ssCsncsled
and discharged of record, by order of the court
and adding thereto the number OF the volume IN
aud page which such judgment is recorded
And the register shall be entitled to receiKe such
fees therefor as he Is now by law allowed for SINH
lar services.
Sec. s. Wherever judgment shall have been
rendered in any action come mnced under the yro-
visions Of this act in any OF the circuit
this state and any party thereto desires to appeal
thereirom, such appeal shall be taken and perfect
ed IN the manner provided by law, thin 81 months
from the date OF the entry OF such judgment, and
not thereafter
Sec Q. In cases OF appeal under the proysions
of this act, where tho action tried by the court
and jury, the supreme court may review all
questions of law presented by tie record or tho bin
OF EXCEPTIONS but the verdict of the jury shall BIO
conclusive as to the fact in the case.
sec. 10. any evidence that might have been
offered the t-ial Of such action by he maker of
such mortgage or other title, of the obligation
purporting be secured By the same. may offer
ed by any and all persons having any interest
the land any part thereof, or affected by
such mortgage or other title.
Sec. IL. Whenever the plaintiff his agent or
attorney shall present TO the judge of the IN
which such action 10 pending, OF to court commits
sioner, his affidavit, stating that certain written
the possession under the control ct any railroad
company OF this state, or OF any person Or persons
managing, controlling, administering or operating
the property OF lori franchises, both, of such
railroad company, specifying, in substance, the
nature of sucn written evidence, and the facts
intended to be proven thereby, such judge court
comm shall issue order to such railroad
company, to such person Pc rsons man ginR,
controlling, administering operating the proper
ty franchises both, of such railroad company,
commanding the same TO produce such written
evidence the TT 81 OF such action; and such
order shall be served on such railroad company, o.
their proper representatives, in the manner
provided by law at least ten days before the first
day the at which such action is to be tried.
on failure to produce such evidence the trial,
the complaint of the plaintiff in the action ehall
taken and held to b. true, and stand confessed
70 such railroad company ProOtded. such railroad
cempa' 7 party 20 the action, and have such
idence their possession or under their control.
Sec Il. Ii the holder of any such mortgage
shall advertise the morgaged premises for sale, by
virtue of power to sell in mott
gage or by virtue of any law Of this author
King 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
action under the provisions of this act,
holder thereof, and shall state in the complaint,
verified by his affidavit, that such mortgaged premi
advertised for sale, the judge OF the court
sonsr shall issue order enjoining such sale until
the action commenced shall have been tried,
heard and determined In the manner prescrbsdin
this act. And il the mortgaged premises snail
have been sold before the CONNIE nee nent OF SUCH
action or before tn. issuing Of SUCH functional
order, and the time TO redesm snAA not nave ex-
pired and the plaintiff in such action shall present
To the ,adge or court commissioner his afidavit,
stating the fact of such sae and that the time to