Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1877-03-21
Published March ,, 1877

CHAPTER ii}
AN ACT relating to the foreclosure OF mortgages,
ana amchdatory OF chapter 10 OF the Revised
Statutes, entitled, "Of actions for the lore
closure OF mortgage, and the acts amcndatory
thereof.
The .oplc of the state OF wisconsin rcpresen ed
IN nate and Assembly do enact rs follows:
Section /. In all actions for the foreclosure OF
mortgages, heretofore or hereafter executed, In all
sncn actions nov pending or hereafter com
menced, II the plaintiff recover, Judgment shall be
rendered Ia his favor and against the de .endaut or
defendants personally liable for the indebtedness
which the mortgage was given to secure, with in
tereet and costs, aud the shall, by its judy
ment, order sale OF the morisaged pr misses
such part thereof AZ may be sufficient TO discharge
the amount due on the mortgage and the Install
mcnts OF principal aud interest IL any. they
shall become due thereafter, with costs, and faAy
defendant shall appear and answer that any pJr-
ton of the mortgaged premises is a homestead, it
shall be the duty OF the court To dc, eruino
whether any portion of said premises il home
stead and II the court shall 80 find II shall. in
such manner rs the court may dire /, ascertain
whether the part OF the mortgaged premises, not
Included in he homestead, can be sold scpara ely
without injury to the parties interested, and III the
court Shul so find then, and in that case, the
Judgment rendered shall provide that the home
stead shall not be sold on cred for sale until all
the other lands described in the Judgment shall
haze ssc sTSn sH@I re- ~ qp s. sold; .,
under and by virtue OF any Judgment hereafter
made or rendered Tor the foreclosure OF any mort
gage hereto ore or hereafter executed, the sheriff,
deputy HNtfiU, fctC cc or Otntf ONO or person
making such sale, shall, on compliance with tho
terms of the sale, make, execute and deliver to
the put chaser deed oil the premise. 80 sold set
ting forth zach parcel of th2 lands lots so sold,
ana the sum paid therefor, which hail vest in the
said purchaser the same estate. 1n shall be
valid as II tn same were executed By the mort
gager and mortgagce 10 the same person, and
shall constitute an entire bar against all parties to
such action, aud against their heirs respectively,
aud all persons claiming under them, and the pur-
chaser, his heirs or assigns shall be let INTO pos
session or the premises so sold on produc ion OF
such deed, or duly authenticated copy thereof
section 3. In sales OF mortgagcd premises,
maze upon judgments rendered under the pro
visions OF this act, the mortgagcd premises shall
not be sold until one year from the date OF the
Judgment rendered in such action, unless all the
parties vita action consent 10 an earlier sale.
ection 4, The court, in rendering judgment in
such cases. shall on motion. enJoin the defend
ants, aud ali persons claiming und0r them, from
committing waste or do NJ any other act that may
impair the value Of the mortguged premises ut any
time between the date OF the Judgment and tho
date of sal % the mo tagged y emises. In all
such actions nCw pending the plaintiff may. on
etLht days notice, when an appearance has been
entered and without notice whom no appearance
has been entered, amend his complaint without
costs go ~ TO demand the relief provided for by
this act
Section D The judgment in such cases shall
draw interest at the rate OF ten per centnm per
nuuum from the date OF judgment until the Jay
OF "a q of mOrtgdged PREMISE.
section T. II shall De lawful for the moriga.er
amy subsequent incnnbrancer OF the mortgagcd
premises 10 redeem such Judgment at Enf time
before snle on paying 20 the clerk of the court In
which Iu gmeut ~ rendered, or to the hOI der or
oSHrr OF sad iu gmt4lt or his attorney tho
uu.ouHt Of such judgment and costs, and all sub.
sh4HcHt costs mud Interests thereon and any sub
seGucut igcW branccr redeemiug said promises
~ "a oeSaid shall bc entitled 10 a lien upon the
mruNged premises for the amOgnt 50 paid 10
deem said uiOrtgaged premises, and shall be sub
ro.sred 10 al the rights Of the plaintiff ia said
section T. The officer or person making any
sucI safe shall with IN days ger mixing tho
slIe ir with the clerk 81 The court III " hich such
Judgment "hlll be entered, report OF tBc sale,
ulu Immediately after the sale pay over the
p1rtl,- omitted thereto OF their attorneys. unless
OthGra 70 rsiered by the c0ult the proceeds II
EuDu aiu over and above hi awful fees and dis
b emenls. Upon he Ming OF said icpof the
Gle X 81 said court hail credit the amount realized
from sHch sale, over and above the legal costs of
sH.J sale upon the JudgBeu, rendered In said
acton. and If the p Ocecds Of such sale are Insult
c,eHi 70 pay the amount due on the judgment the
~ .iuiu hail have cation for the bal luCe re-
aiming unpad ana he Judgment Originally rem.
tcrrd shall not be lifn upon reat estate uulIl
after the sale OF the mo Ia ed p ennis
Section .. Sales Of motgased premises by yir-
the OF uny judgment, obtained before this act
take eHeci. may be made ia accordance wiin be
p.oti Of this act, or IN &C otdancn with the
ifp.I ions ~ the itW la force 40 ,he time such
JuHgtarut nu- Obtained. II sale made under
the rrIt isuns Of thi- act upon judgment 81 fore
r,u-N rendered before the passage OF this act,
-ai4 -dlr -d ID no be made UntiI one yelraHe- he
rendition gt the Judgment, anu judgment Tor the
teI ichCy.n aHy -ai!l b eutr Ell lu a".orIa &c
with tUe yyI-tuu ~ law in tUrg1 al the time The
ugi 30 . Jfdrat 90 Of fHryrlJ.uI@ Wa reud f-d.
~tcJHHA Section. one aud $50, ~ apter
Ole auaH ri and iuuy-bts. uf III. Revised star
Ufe.. guUlld " at tuu- fur Tie 10 .cgIy- .Je %
Magya-r. aUf chapter one hIUaTeI aud ninety
live pl ute general lIfs ~ la1.l. entitled . an at
Hu uy.I.iu- the .g1s9PfiJu OF lHud- sold W'oer
foreclosure ~ mul.u-e-, bn e4tic- SIS eHtei, by
q . ".F .r 10 o. 81