Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1877-05-03
Published March Z, 1877.
INII A PTlEP 10

AN ACT relating to the foreclosure of mortgages,
and amen datory of chapter 145 of the Revised
Statutes, entitled. 'Of actions for the lore
thereof.
The people of the state of Wisconsin, represented
IN Senate and Assembly, do enact as follows:
Section l. In all actions for the foreclos sure of
mortgages, heretofore hereafter executed in all
such actions now pending, or hereafter com
menced Il the plaintiff recover, Judgment shall be
rendered In his favor and against the defendant
defendants personally liable for the Indebtedness
winch the mortgage was given to secure with in
terest and costs, and the cour shall by its judg-
ment, order sale of the mortgaged premises or
such part thereof may be sufficient to discharge
the amount due on the mortgage and the install
ments of principal and interest, if any, as they
small become due thereafter, with costs, and if any
defendant shall appear and answer that any p
tlon OF the mortgaged premises homestead, it
shall be the duty of the court to determine
whether any portion of said premises is a home
stead and if the court shall so find, it shall in
such manner as the court may dire {; ascertain
whether the part of the mortgaged premises, not
included in The homestead, can be sold separa ely
WlthS%S injury u the parties interested, and if the
court shall so find, then, and in that case. the
judgment rendered shall provide that the home
stead shall be sold or offered for sale until all
the other lands described in the Judgment shall
have been offered and sold.
Section2 In all sales of mortgaged premises
under and by virtue of any judgment hereafter
made or rendered Tor the foreclosure of any mort
gage heretofore hereafter executed, the sheriff.
deputy sheriff, referee or other officer or person
making such sale, shall on cJm pliance with the
terms of the sale, make, execute and deliver to
the purchaser deed of the premises so sold, set
ting forth each parcel of the lands lots so sold,
and the sum paid therefor which shall vest in the
said purchaser the estate. and shall be
Valld as II tn. same were executed By the mort
eager and mortgage 10 the same person, and
shall constitute entire bar against all parties to
such action, and against their heirs respectively,
and all persons claiming under them, and the pur-
chaser, his heirs assigns shall be let into pos
session or the premises so sold on production of
such deed, or duly authenticated copy thereof.
section g. In sales OF mortgaged premises,
made upon judgments rendered under the pro
visions of this act, the mortgaged premises shall
not be sold until on4 year from the date of the
judgment rendered in such action, unless all the
parties with action consent TO an earlier sale.
section 4. The court, IN rendering judgn ent in
such cases, shall, on motion, enjoin the defend
ants, and all persons claiming under them, from
committing waste or do ng any other act that may
impair the value of the morgaged premises at any
time between the date of the Judgment and the
date of sale OF the tagged premises. In all
such actions now pending the plaintiff may, on
eight days notice when an appearance has been
entered, and without notice when no appearance
has been entered, amend his complaint without
costs, so as to demand the relief provided for by
this act
Section s. The Judgment in such cases shall
draw interest at the rate of ten per centum per
annu m from the date of Judgment until the day
of sale of mortgaged premises.
Section s. It shall be lawful for the mortgager
any subsequent incumbraneer of the mortgaged
premises to redeem such judgment at any time
before sale on paying to the clerk of the court III
which judgment is rendered, or to the holder or
owner of said Judgment, or his attorney the
amount of such Judgment and costs, and all sub.
sequent costs and interests thereon, and any sub
sequent iucumbranCer redeeming said premises
as aforesaid shall lie entitled to a lien upon the
mortgaged premises for the amount so paid to re-
deem said mortgaged premises, and shall be sub
rogated to all the rights of the plaintiff in said
judgment
Section Z. The officer or person making any
such sale shall within ten days after making the
ila wit oil of tIpR
judgment shall be entered. a report of the sale
and Immediately after the sale pay over to the
parties entitled thereto their attorneys. unless
otherwise ordered by the court the proceeds of
such sale over and above his lawful fees and dis
bursements. Upon the filing of said report the
clerk of said court shall credit the amount realized
from such sale, over and above the legal costs of
said sale upon the Judgment rendered in said
action, and if the proceeds of such sale are INSULT
cient to pay the amount due on the Judgment, the
plaintiff shall have execution for the balance re-
naming unpaid, and the Judgment originally rem
dered shall not be lien upon real estate unit.
after the sale of the mortgaged premises.
Section s. Sales of mortgaged premises by vir-
tue of any Judgment, obtained before this act
takes effect, may be made in accordance with the
provisions of this act, or in accordance vita the
provisions of the law in force at the time such
judgment was obtained. If a sale made under
the provisions of this act upon Judgment of fore
closure rendered before the passage of this act,
said sale shall not be made until year after he
rendition of the Judgment, and Judgment for the
deficiency, if any. shall be entered in accordauc &c
Win the provisions of law in force at the time the
original Judgment of foreclosure rendered.
Section g.. Sections one and two OF chapter
one hundred and forty-fve, of the Revised Stat
utes, entitled : of actions for the foreclosure of
mortgage and chapter one hundred and ninety
five, of the general laws of 1852 entitled " an act
authorizing the redemption of lands sold under
foreclosure of mortgages, hereafter executed. by
Judgment or decree of courts and chapter 133 of
the general laws of 1870 entltled an act relating
TO hOmesteads, and amendatory of section l. chap
ter 145 Revised Statutes and all acts, or parts Of
acts. conflicting inconsistent with this act
hereby repealed.
Section 10. This act shall take effect and be in
force from and after its passage and publication.
Approved March B. 1877. swCOPY