Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1863-05-14

or has been satisfied, the court shall, by
it's Judgment, order, 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
obligation such mortgage or other title
purports to secure, illegal, invalid, mop
erative or satisfied, and may grant such
other further relief as may be deemed
equitable. In case the unknown as
signee or holder Of such mortgage or
other title or obligation, shall not have
appeared in the action, such judgment
shall have the same force and effect as
judgments againstabsent defendents, and
Shall be as efectual to bind and bar
them, as if the action had been against
them by their proper names.
See. Z. Whenever copy Of the juds-
ment of the court, duly certified by the
clerk of the court, shall be depositited
in the Office Of the register Of deeds
where such mortgage or other title is
recorded showing that such mortgage or
other title is adjudged by the court to
be null and void, and that the same be
cancelled, released and discharged from
reco4I, r ehall hn tho dnty of such reg
lister of deeds to record such judgment
in a book of deeds, and Immediately
cancel and discharge Of record such
mortgage or other title, by writing on
the margin of the record thereof as fol-
lows: "Canceled and discharged of rec
ord. by order Of the court, and adding
thereto the number Of the volume in
and page on which such judgment is re-
corded. And the register shall be en-
titled to receive such fees therefor as
he is now by law allowed for similar SER
vides
Sec. s. Whenever judgment shall have
been rendered in any action comemnced
under the provisions Of this act in any
of the circuit courts Of this state, and
any party thereto desires to appeal there
from. such appeal shall be taken and
perfected in the manner provided by
law, within six months from the date OF
the entry of such judgment, and not
thereafter.
Sec. 8. In eases Of appeal under the
provisions of this act, whore the action
was tried by the court and jury, the
supreme court may review all questions
of law presented by the record or the
bill of exceptions, but the verdict of the
Jury shall be conclusive as to the fact in
the case.
Sec. TO- Any evidence that might
have been offered on the trial Of such
action by the maker of such mortgage
or other title, or of the obligation pur
porting to be secured by the same, may
be offered by any and all persons hav-
ing any interest in the land or any part
thereof, covered or affected by such mort
gage or other title.
Sec. H. Whenever the plaintiff or his
agent or his attorney shall present to
the Judge of the court in which such ac-
ton is pending, or to court commits
sioner, his affidavit, stating that certain
written evidence necessary on the trial
of such action is in the possession or
under the control of any railroad com
pany of this state, or Of any person or
persons managing, controlling, admins
tering 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 commissioner shall
issue an order to such railroad company,
or to such person or pessons so mana
ging, controlling, administering or op-
Grating the property or franchises, or
both, Of such railroad company, com
manding the same to produce such writ
ten evidence on the trial Of such action /;
and such order shall be served on such
railroad company, or their proper repre-
sentatiycs, in the manner now provided
by law, at least ten days before the first
day of the term st 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 confessed
as to such railroad company: proclded,
such railroad company is party to the
action, and have such evidence in their
possession or under their control.
Sec. H. If the holder Of any such
mortgage shall advertise the mortgaged
premises for sale, by virtue of the power
to sell, contained in such mortgage, or
by virtue of any law of this state author
izing the foreclosure of mortgages by
advertisement, and the mortgagor or any
person interested in the mortgaged prem
Uses, or any part thereof, shall have filed
his complaint and commenced an action
under the provisions of this act, against
the holder thereof, and shall state in the
complaint, verified by his affidavit, that
such mortgaged premises are advertised
for sale, the judge of the court in which
such action is brought or a court COM
missioner, shall issue an order enioining
such sale until the action so commenced
shall have been tried, heard and deter