The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1877-03-22
!. PETER DOYLE, secretary OF state.
Published March 7, 18TH


CHAPTER 143
AN ACT relating to the foreclosure of mortgages,
and amendatorY of chapter las of the Revised
Statutes, entitled Of actions for the foreclosure
of a mortgage and the acts amendatory thereof.
The people of the State of Wisconsin represented in
Senate and Assembly, do enact as follows:
SECTION 1. In all actions for the foreclosure of
mortgages, heretofore hereafter executed, in all
sueh actions now pending, or hereafter commenced,
II the plaintiff recover, judgment shall be rendered
IN MS favor and against the defendant defend
ants 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 nortgaged premises such part thereof
as may be sufficient to discharge the amount due on
the mortgage and the instalments of principal and
interest, if any, they shall become due thereafter,
Win costs, and if any defendant shall appear and
answer that any portion of the mortgaged premises
is homestead it shall be the duty of the court to
determine whether any portion of said premises is
homestead, and if the court shall so find, it SHALL in
sucn manner as the court may direct ascertain
whether the part of the mortgagei premises not in
GUIDED In the homestead can be sold separately
without injury to the parties interested and if the
courC sha SO find, then, and in that case, the judg
ment rendered shall provide that the homestead
snail not be solo, or offered for SALE until the other
lands described in the judgment shall have been Of
fered and sold
and by virtue of any judgment hereafter made or
rendered Tor the foreclosure of any mortgage here
tofore or hereafter executed, the Sheriff. Deputy
Sheriff, referee, other officer or person making
sucn SALE SHALL on compliance with the terms of the
sale, make, execute and deliver to the purchaser
deed OF the premises sold setting forth each par
Gel 81 the lands or lots 50 sold, and the paid
therefor, which shall vest in the said purchaser the
same estate and shall be valid if the same were
executed by the mortgager and MORTGAGE to the
same person. and shall constitute an entire bar
against all parties to such action and against their
heirs respectively, and all persons claiming under
them and the purchaser, his heirs assigns, shall
be let into possession the premises so sold on pro-
duct1on OF such deed. or duly authenticated copy
thereof e. t"a
Sec 3. In sales of mortgaged premises made upon
judgments rendered under the provisions of this act
the mortgaged premises shall not be sold until
year from the date of the judgment rendered in
such action unless all the parties with action con-
sent to an earlier sale. t'I' en
SEC. 4. The court, in rendering Judgment in such
cases. shall, on motion, enoin the defendants, and
all persons claiming under them, from committing
waste or doing any other act that may impair the
value of the mortgaged premises at any time be-
tween the date of the Judgment and the date of sale
OF the mortgaged premises. In all such actions
pending the plaintiff may, on eight days notice.
when an appearance has been entered, amend his
complaint without costs, to demand the relief
provided for by this act.
Sec. 5. The Judgment in such cases shall draw
interest at the rate of ten per centum per annum
from the date of judgment until the day of sale of
nortgaged premises.
SEC. 6. It shall be lawful for the mortgager, his
heirs, assigns personal representatives, or any
subsequent ncumbrancer Of the mortgaged premises
to redeem such judgment at any time before sale
|
is rendered, to the holder owner of said judg
ment, or his attorney the amount of such Judgment
and costs, and all subsequent costs and interests
thereon, and any subsequent incumbrancer redeem
ing said premises aforesaid shall be entitled to
lean on the mortgaged premises for the amount so
paid to redeem said mOrtgaged premises, and shall
be subrogated to all the rights of the plaintiff in said
! judgment. ,.e.- .rt ...... ..... 49, .E
Sec. 7. The officer or person making any such sale
shall, within ten days after making the sale, file with
the Clerk of the court in which such Judgment shall
be entered, report of the sale, and immediately
after the sale pay to the parties entitled thereto
or their attorneys, unless otherwise ordered by the
COURT the proceeds OF such sale, and above his
lawful fees and disbursements. Upon the filing of
said report the Clerk Of said court shall credit the
amount realized from such sale, 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 re-
naming unpaid, and, the Judgment originally rem
dered shall not be lien upon real estate until after
| the sale of the mortgaged premises.
| Sec. g. 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 in accordance with the provisions of the
law in force at the time such Judgment obtained.
Ii a sale is made under the provisions Of this act
upon Judgment of foreclosure rendered before the
passage OF this act said sale shall not be made until
one year after the rendition OF the Judgment, and
| judgment for the deficiency, if any, shall be :
tered in accordance with the provisions of law i'll
force at the time the original judgment Of foreclosure
was rendered.
SEC. 8. Sections one and two, of chapter one hun
bred and fory-ve, of the Revised Statutes entitled
Of actions for the foreclosure of MORTGAGE and
chapter one hundred and ninety-ve, of the general
laws of 1859, entitled An act authorizing the
demptiOn of lands sold under foreclosure of mort
cages hereafter executed, by Judgment or decree Of
court and chapter one hundred and thirty three
Of the general laws of $780, entitled An act relating
to homeseads, and amendatory Of section one, chap
ter one hundred and forty-fve, Revised Statutes I"
and all acts, parts of acts, conflicting or nconsis
! ent with this act are hereby repealed.
SEC. 10. This act shall take effect and be in force
| from and after it's passage and publication.
| Approved March 3, 1877.
Published March 10. 1871
| CHAPTER 100.
AN ACT relating to estates in dover and amenda-
tory of sections IT, Is and 49, of chapter 49, of the
revised statutes.
The people of the State of Wisconsin, represented in
! Senate and Assembly, do enact as follows:
| SECTIoN1. Section II, Of chapter 80, of the re-
vlsed statutes is hereby amended so to read as
follows: If any such jointure or pecunary pro-
vision be made before marriage and without the
assent of the intended wife, if it be made after
marriage she shall make her election after the death
of her husband whether she viii take such jointUre
| or pecunlary provision or the share of his estate
hereinafter provided.
SEC. 2, Section 49, of said chapter 80, is hereby
amended to read as follows: If any lands be
devised to woman, or other provision be made for
her in the will of her husband, she shall make her
election whether she will take tho lands devised
or the provision made, or whether she will claim
the snare OF his estate provided IN the next section,
but she shall not be entitled to both unless it plainly
appears by the will to have been so intended by the
testator.
Sec. 3. Section 10 of said chapter 80 is hereby
amended so as to read follows When widow
shall be entitled to election under either of the
two last preceding sections, she shall be deemed to
have elected to take such ointure, devise, other
provision unless within year after the death of
her husband she file in the court having jurisdiction
of the settlement of his estate notice in writing that
she elects to take the provision made for her by law
instead of the provision made for her by such joint
ure or other provision or devise and upon filing
such notice she shall be entitled to the rights
as to dover in his hands, and the same rights to
the homestead though he had died interstate, and
shall in addition thereto be entitled to claim and
ceve the share of his personal estate though
he had died intestate prOUided howeUer, that moth
ing herein contained shall entitle any such widow
to claim receive from the estate of her deceased
husband in any Of the foregoing cases any greater
share or part of interest in his estate than her
rights of dover in his lands her rights to the pos
session of the homestead during her widowhood,
and one-third part of his net personal estate.
Sec 4. This act shall take effect and be in force
from and after its passage and publication.
Approved March l. 1877.
Published March 10. 1871