River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1876-03-30
Approved March s, 1876.
Published March ls, 1871
CHAPTER IS3


AN ACT relating to actions FOR the foreclosure
Of mortgages
The people oithe state OF Wisconsin, repre-
scented in Senate and Assembly do enact as
follows:
Section !. The plaintiff in any action for
the foreclosure Of mortgage, heretofore or
hereafter commenced, msy tmend the sum
mons, complaint or proceedings In said action,
after judgement and before sale, by making
any person q defendant in said action who is a
necessary nr proper party to the same, and
who shall not have been madsa party be-
tore judgement, in The manner hereinafter des-
cribed
Section The plaintiff desiring such
amendment, or his attorney, shall make an
affidavit stating that the person sought 10 I've
made defendant Is necessary proper party
TO said action that such person has, or claims
10 have, as the afhant believes some interest in
or claim upon the mortgaged premises, which
interest or claim, IL any is subject 10 or sub
sequent 10 the mortgage in the complaint des-
cribed. Upon such affidavit the court in
which such action is brought, or Judge Their
OF, county judge or court commissioner Of the
proper county, shall, on motion Of the plain
tiff, make an order that the person named in
such affidavit be made a defendant in said ac-
ton, and that the summons and complaint be
amended accordingly, and such order shall di-
amended, be served on such defendant, to-
getheT with copy OF such order, and that
proceedings on such judgement be stayed I'M
III the further order Of the court, and that I'M
less the said defendant so brought in, answer
said complaint as required by the summons,
the judgement in said action he amended 90 as
to bar such defendant in the same manner an d
with the same Ell, Ct as II he had originally
been made defendant therein and failed to an
swer the complaint.
Section 3. II any such defendant, 90 brought
in, il a nonresident of this state au d il 0 Ap-
pear by affidavit, the order shall further d.
rect that service OF the amended summons be
made on such absent defendant as now prov ided
by law. If any defendants or % rsons are un-
known owners or heirs, said amendments may
lie made as against them, as herein provided,
and notice given to.them, as now provided by
law and in case OF any known infant deien.
dan :, so brought in, tie court, or Judge there
Of. or county judges shall appoint guardian
ad iitem.
Section 4. Upon due proof Of the service Of
such amended sumpo" or summonses and
complaint, as required 10y this aet, and by the
order made as Aforesaid, in said action, and
of the default of sucl defendant 10 appesr Oh
answer, the court SHALL, on the application o.
the plaintiff, at any general or special term III
Tie circuit, renders judgement smrding the
original judgement n the action, 80 as 10 bar
and foreclose said deie Ddants, so brought in,
from all right, lien, ella m interest, or equity
Of redemption in said m0rtgagod premises Of
any part thereof, except tie right of REDEEM o.
ton given by law, and thai the remses 3,
sold upon such Judgment as amended and
such judgment so amended shall he a. valid
and conclusive against all the defendants in
said action, as if originally entered sgaiDsi sill
Section 8. Any defendant SO brought in,
and appearing or answering, shall have the
same rights aud be entitled TO the same notice
of proceedings thereafter rs in other cases
and any issue joined by him shall lie dispos.
ed OF by the existing practice.
Sect IN 6. This act shall take effect and be
in force from and after its passage and putli-
cation.
Annrnved March q IS16