Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1878-04-25

on the piaanuns sttorney at his Office In --------
within twenty days after the vice of this sn
yon, exclusive Of the day of such service and If
you Is 70 answer the SAID complaint within the time
the p aint in this action win apply to the
Dated -. ISL
Plaintiffs Attorney
sac ouce snail DO published once week for six
weeks successfully, and the several shail
be in the same newspaper in said comfy ana vhsn
there shall be more than one newspaper pubIished IN
said county the clerk Of the circuit court OF such
notices In two papers Ito be selected by the circuit
judge and the publishing of said notices shall there
a, sh oy said circuit Judge to the
more .nsn one making the same bid, IL On the said
Judge to determine to which said shal he
award TO be Of order Of said court enter
60 o. record therein and copy of such order csrt-
ned oy the clerk of said court under ths se, hersof
sna be transmitted and entered Of record in all 9TH
e courts Of said county having equity Jurisdiction be-
All provided Tor in this section shall be-
made IN the newspaper designated. Said newsna-
per snsn not be changed except by order of the
Judge, ana then selection to be made in manner
Aforesaid, and order entered Of record AS aforesaid
Section II Any person interested mas oppose any
such complaint and serve his demurrer or answer
thereto on before the e-pra ton of twenty davs
from the date Of the last publication thereof as afore.
Fad, unless the time be extended by order of court
Said answer shall, except when made by a guardian
dd ttsm, be verified by the affidavit of III defendant
Section ~. Ii no demurrer or answer shall be
served as before provided the complaint may be ta-
So4soosous entered
to the prayer of said compla.t upnn proof of facts
stated in the complaint and notice of motion for such
Judgment shall be published once q week for six
weeks successfully, and the several publications
shall be IN the same newspaper in said eountv The
clerk OF the circuit court Of such county sha
tise Tor bids Tor publishing such notices. Gin two pa.
pers 10 Do selected by the county nd the pub
fishing Of such notice shall therennon ia rdsd n,
said circuit judge to tho newspaper making the low.
est bid therefor or II there are than one max
ing the same bid then the said Judge TO determine IN
which of the said newspapers said nnbcation sbalI
be awarded said award to be BY order OF said conrt
entered OF record therein :snd copy of such order
certheu Dy the clerk Of said court under the seal
thereof shall be transmitted and entered of record
all other courts of said county having equity jur-
sdicton, before proceedings In said complaint
but II any person shall serve answer as aforesaid
to suoh complaint, the court may hear evidence or
order reference to take eviden ee and report the
same 20 said court II the complaint includes more
tnan one parcel OF land and no demurrer or answer
shall be served to some of said pieces OF land the
court may enter decree as to those parcels as 10
which no answer demurrer has been served and
hear evidence or order reference to the remains
section 4. i shall be competent for such courts
al sucn Judgments to determine and decree in
wnon me tte In any or all of the lands described In
said complaint is vested, whether In the paintff or
In any other Of the parties before the court but SAID
!uagment shall not in anywse affect any lien or liens
to winch said fee may be subject, whether by mort.
gage, deed or trust, Judgment statute. mechanics,
lien or otherwise but shall leave all such iens to be
ascertained or published in some other procecdng,or
fit. Any person having at the time Of such destruc.
Oh the records as aforesaid, any lien. by mort
any any, lands in ases aucn otherwise upon
lost the proef thereof, and all parties claim
ing unoer any such person. may file complaint fer
the purpose Of establishing the existence ditons
character and extent said lien All persons known
to the petitioner as having claiming any interest
or lien In or upon said lands shall be made defend
ants oy name, and the same proceedings shall be had
as IN the case of the plaintiff above provided The
Judgment shall fad the existence of such iienif any
exists, its condition. character and extent and any
terms thereof. ~
Section 10. Said judgment of said court when en-.
tered on either of the complaints above m mentioned
shall be forever binding and conclusive, unless an
appsaibe taken or writ Of be sued out in the
manner now provided by law. in which case the n nal
Judgment entered in said shall be binding and
conclusive as aforesaid. from the entry thereof ex-
cept as against minors, or persons of unsound mind
provided, that married women, insane persons and
minors shall have Swo years after their disabilities
from said judgment; provided, further, that any
Judgment entered upon any complaint which does
not make defendant by name all persons who shall
DC Ia possession OF such lands or any part thereof
the time OF the filing of such complaint or which
does not make defendant by name all persons to
whom any such lands shall have been convened and
deed or deeds shall have been recorded in the Of
nee OF the register Of deeds of such county the
time Of the destruction of the records as aforesaid
and prior to the time of the filing of airy such COM
paint, shall be absolutely void az to such person 40
omitted, but shall be final and conclusive as to all
others except those by this act excepted: Provided
further that all defendants who shall Lot be actual
y served with summons in the suit in which such
Judgment may be rendered, shall have allowed to
them one year after the entry of such Judgment
within which to apply to the court rendering the
same, to have said judgment vacated, opened set
aside.
Section l6. Whenever any deeds or other instru
ment in writing, affecting the title to any of the
record short time before such destruction of the
rec is as aforesaid. that proof of them remains
either on such records among the abstracts cop
les, minutes, extracts specified in section eight of
this act, 1t shall be the duty of the person having
filed the same or claimed the benefit thereof within
one year from the time this act takes eec to ree
for record such deed other instrument or comics
thereof or If that cannot be DONE then shall make
and file complaint to establish such deed or other
instrument in writing under the provisions of this
act In all cases when original deed or other in.
strument In writing affecting the title to real estate
shall have been lost destroyed, it shall be lawful
for any person having duly certified copy of such
record. to cause the same to be ded which rec
ord shall have the force effect as now belongs
to the records of such originals
Section IL. Executors. administrators, guardians,
and trustees shall be entitled to proceed under this
act In behalf of the interests and rights they repre-
Section IS. In all cases under the provisions IF
this act, and in all proceedings or actions now or
hereafter instituted to any estate or right
in, or lien or incumbrance upon any lots pieces or
parcels of when any party to such action or pro
ceediHg, or his agent attorney in his beha shall
orally, in court by affidavit to be filed in such ac-
tonor proceeding, testify and state under oath that
the original ofany deeds, conveyances or other writ
ten recorded evidence, has been lost or DESTROYED
or not in the power of the party wishing to use ii on
trial to produce the same and the record thereof has
been destroyed by fire or otherwise the court shall
receive all such evidence may have bearing on
the case to establish the execution contents of the
deeds, conveyances records or 9th written evden
cess 80 lost or destroyed, and the shall receive
as evidence any abstract title made in the ordn-
airy of business prior to such loss or desrrc
ton, showing the title to such land. any part OF
In euch md hot NAV hava
TO the owner or purchaser other parties Interested
IN the land provided shat any writings in the hands
OF any person or persons which may become admiss-
ible in evidence under the provisions of this act
shall be rejected and not be admitted in in evidence
unless the same appear its without erasure
blemish, alteration, nterlineaton Interpolation
IN any material part unless the same be explained to
the sfaction of the court and have been fairly
and honestly made in the ordinary of business
nd auy person or persons making any such erssure
alteration nterliHeation Interpolation in any such
writing, with the intent to change the same in any
substantial manner, after the same has been once
made aforesaid shall be guilty of the crime of for
gerry. and be punished accordin ely. And any and
ailpersons who may be engaged in the business of
making writings or written entries concerning or re-
lating to lands and real estate in any county in this
state to which this act applies and e. furns h to per-
sons applying therefor absacts copies of writings
or written entries, aforesaid, for fee reward or
compensation therefor. and shall not make the same
truly, and without alteration Interpolation in any
matter of substance. shall be guilty of the crime of
forgery and be punished accordingly. And any and
all such person or persons shall furnish said abstracts
copies af resaid. to the person persons from
time to time applying therefor, in the order of APP
plications and without unnecessary delay, and for a
consideration to be allowed which
ia shall exceed the of one dollar for the
first conveyance and thirty cents for each and every
conveyance, other like change of title
shown upon such abstract or copy; and any and ali
persons engaged shall within thirty days after the
filing of the opinion OF the circuit judge and county
Judge, in accordance with section eight of this act
e with the clerk of the circuit court his their as
In faip In af 81.
act and no abstract or certified copies of the same
except such rtifed copies have been made prior
10 the passage Of This act) shall be received in evil
clerk of the circuit court.
Section 10. The word ''person," when used in this
sct shall include persons and all bodies polite and
corporate.
Section co. This act shall take effect and be in force
rom and after its passage and publication.
Approved March Is, 1878.