River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1877-03-15

the foreclosure OF mortgage and the acts
amencatory thereof
The people of the State of Wisconsin, repre-
sented IN Senate ard Assembly, do enact as
follows:
Section l. In all actions for the foreclosure
OF mortgages, heretofore or hereafter executed,
In all such actions now pending, or hereafter
commenced, il the plaintiff recover, judgment
shall be rendered in his favor and against the
defendant or defendants personally liable for
the Indebtedness which the mortgage was
given TO secure, with interest and costs, and
the court shall, by its judgment, order sale
OF the mortgaged premises or such part there
OF as may be sufficient to discharge the
amount due on The mortgage and the ms all
ments OF principal and interest, if any, as they
shall become due thereafter, with costs, and If
any defendant shall appear and answer that
any portion OF the moFtgaged premises is q
homestead, it shall be the duty OF the court
to determine whether any portion ct said
premises is homestead and If the court shall
so ind, II shall, IN such manner as the court
may direct, ascertain whether the part OF the
mortgaged premises, not included in the
homestead can be sold separately without in
ury to the parties interested, and il the court
shalt so find, then, and in that case, the judg-
ment rendered shall provide that the home
stead shall not be sold or offered for sale, until
all the other lands described in the Judgment
shall have been offered and sold.
Section 2. In all sales OF mortgaged preni-
ses under and by virtue OF any judgment here
after made or rendered for the foreclosure OF
| any mortgage heretofore executed or hereaf-
ter executed, the sheriff. deputy sheriff, ref
| cree or other officer or person making such
sale, shall, on compliance 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 or lots so
sold, and the sum paid therefor, which shall
| vest in the said purchaser the same estate, and
| shall be as valid as If the same were executed
| by the m0rtgagro and mortgage to the same
person, ard shall constitute an entire bar
| against all parties To such action, and against
| their heirs respectively, and all persons claim
ing under them, and the purchaser, his heirs
| or assigns shall be let into possession Of the
| premises so sold ON production of such deed,
or duly authenticated copy thereof.
Section 3. In sales OF mOrtgaged premises.
| made upon judgments rendered under the
| provisions OF this act, the mortgaged premises
| shall not be sold until one year from the date
OF the judgment rendered in such action, I'M
less all the parties with action consent TO an
earlier sale.
Section 4. The court, in rendering judg-
ment in such cases, shall, Oh motion, enjoIn
the defendants, aud all persons claiming I'M
| der them, from committing waste or doing
any other act that may impair the value OF
| the mortgaged premises al any time between
4 tile udlc vi the Judgment TIE udlc Oi SAFE
| OF the mortgaged premises. In all such actions
now pending the plaintiff may, on eight days
| notice, when an appearance has been entered,
| amend his complaint without costs, so as TO
demand the relief provided for by this act.
Section 5. The Judgment in such cases
| shall draw interest at the rate OF ten per-
| centum per annum from the date OF judg-
ment until the day OF sale OF mortgage prem
| ises
Section 6. 1t shall be lawful for the mort
gagor, his heirs, assigns or personal repre-
sentatives, or any subsequent incumbrancer OF
| the mortgaged premises, to redeem such
Judgment at any time before sale on paying
| to the clerk of the court i'll which judgment
is rendered, or to the holder or owner OF such
Judgment, or TO his attorney, the amount Ol
such judgment and costs, and all subsequent
costs and interests thereon, and any SUBJ
| sequent incumbrancer redeeming said
premises as aforesaid shall be entitled to a
lien ON the mortgaged premises for the
amount so paid 10 redeem said mortgaged
premises, and shall be subrogated to
all the rights OF the plaintiff in said ju6A
| ment.
Section 7. The Ulcer or person makil :,
any such sale, shat within ten days ate
making the sale, file with the clerk OF the
court in which such judgment shall be enter
ed, report OF the sale, and Immediately aitei
the sale pay over to the parties entitled there
to, or their attorneys, unless otherwise or
over and above his lawful fees and disburse-
ments. Upon the filing oil 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 insufficient to pay the amount
due ON the judgment, the plaintiff shall have
execution for the balance remaining unpaid
and the judgment originally rendered shall
| not be lien upon the real estate until after
the sale OF the mortgage premises
Section 8. Sales OF mortgaged premises by
virtue OF any judgment, obtained before this
act takes effect may be made IN accordance
with the provisions of this act, or in accord
ance with the provisions OF the law in force
| at the time such Judgment was obtained. Ii
| a sale is made under the provisions of this
act upon judgment OF foreclosure rendered
before the passage of this ac., said sale shall
| not be made until one year after the rendi-
ton OF the Judgment, and Judgment Tor the
efficiency, il any, shall be entered in accord
ance with the provisions OF law in force at the
time the original judgment OF foreclosure was
| rendered.
Section 8. Section one and two, of chapter
one hundred and forty-five, of the Revised
Statutes, entitled 'of actions for the fore
closure of mortgage" and chapter one Iun-
| dred and ninety-fve, OF the general laws oil
| 1859, entitled can act authorizing the re-
! demption of lands sold under foreclosure OF
| mortgages, hereafter executed, by judgment
| or decree OF court" and chapter 1888, of the
| general laws OF 1870, entitled can act relating
| to homesteads, and amendatory OF section !,
| chapter l45, Revised Statutes" and all acts,
| or parts OF acts, conflicting or inconsistent
| with this act are hereby repealed.
Section 10. This act shall take effect and
be in force from and alter its passage and pub
| LEGATION.
Approved March 8, 1877.
L