River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1878-05-09

ton praying for decree establishing and
confirming his title. Any number of parcels
OF land may be included in one complaint or
separate complaints may be filed as the plain
tiff may elect. Said complaint shall state
clearly the description of said lands the char
aeter and extent of the estate claimed by the
plaintiff, and from whom and when and by
what mode he derived his title thereto. II
shall give the names of all persons owning or
claiming any estate in fee or otherwise in
said lands or any part thereof, and all persons
claiming by mortgage or other lien and also
all persons who shall be in possession Of said
lands, or any part thereof, and also all persons
TO whom any such lands shall have been con-
yeyed, and the deed or deeds of such convey
ance shall have been recorded in the Office OF
the register of deeds Of such county, since the
time of the destruction of such records as
aforesaid, and prior to the time of filing such
complaint, and their residence, so far as the
same are known TO said plaintiff; or so far as
such title, lien or claim appears from any re-
cord in said county or from any abstract as
mentioned in this act and if no such persons
are known to said plaintiff, it shall be so stat
ed IN the complaint. All persons so named
in the complaint shall be made defendants,
and shall be notified of said suit by summons
| If residents of this State in the manner now
| provided by law; provided, that the notice
! specified in the next section of this act shall
be the only publication of notice or summons
required either in case OF resident or non-
! resident defendants. All other persons shall
| be deemed and taken as defendants by the
name or designation of "all whom il may
| concern" Said complaint shall be verified by
the affidavit OF the plaintiff, or by the agent of
said plaintiff; and the party so swearing
/ falsely shall be deemed guilty Of perjury and
punished accordingly, and shall be liable in
damages to any person injured by such false
/ statements, TO be recovered in an action at
law in any court having jurisdiction thereof.
Section II. 1t shall be the duty of the clerk
of the conrt in which said complaint is filed
/ TO enter in a separate book or books, to be
kept for the purpose, the names OF the
plaintiffs and defendants, the date offiling the
complaint, and description of all the lands
included therein, which record shall at all times
| be open to the public All lands in each sep
crate town, city or village, section or subdi-
vision, shall be entered on the same page or
consecutive pages, with an index TO said book
or books, showing on what page any such sep
arate town, city, village. section or subdivision
may be found. Said clerk shall also in all
cases cause publication of notice to be made of
the filing of said complaint, which notice shall
\ be substantially as follows:
/ The state of observation-disclosures
A. B plaintiff against G. d., etc, there give
names ofall known defendants
And to all whom it may concern:
Take notice You are hereby sum nloned
and required to answer the complaint in this
action, which was filed in the Office of the
clerk of the--court Of the county Of, in
-, on the--day Of, 18-, and to serve
copy of your answer to said compilation the
plaintiffs gttornev at his Office in, with
in twenty days after the service of this sum
mons on you, exclusive Of the day of such SER
vice; and if you fail to answer the said com
plant within the time aforesaid, the plaintiff
in this action win apply to the court for the
relief demanded in the complaint.
Dated, 49,.
-, Plaintiffs Attorney
Said notice shall be published once week
| for six weeks successfully, and the several
publications shall be in the same newspaper
in said county, and when there shall be more
| than one newspaper published in said county,
the clerk ofthe circuit court of such county
shall advertise for bids for publishing such
notices in two papers Ito be selected by the
circuit Judge, and the publishing of said
! notes shall thereupon be awarded by said
Ct rcuit judge to the newspaper making the
lowest bid therefore, or if there are morel than
one making the same bid, then the said Judge
to de crmine to which said publication shall
| be awarded, said award to be by order of said
court entered of record therein; and a copy Of
such order certified by the clerk of said court,
under the seal thereof shall be transmitted
and entered of record in all other courts OF
said county having equity jurisdiction, before
! which proceedings under this act may be had.
All publications provided for in this section
shall be made in the newspaper so designated.
Said newspaper shall not be changed except
I
made in manner aforesaid, aud order entered
of record as aforesaid.
Section II. Any person interested may
oppose any such complaint and serve his de-
murer or answer thereto on or before the ex-
piration Of twenty days from the date Of the
last publication thereof as aforesaid, unless
the time be extended by order of court. Said
answer shall, except when made by guard
ian dd itenl, be verified by the affidavit of the
defendant or by the agent of said defendant.
Section IL. limo demurrer or answer shall
be served as before provided, the complaint
may be taken as confessed, and judgment
entered according to the prayer of said COM
plant upon proof of facts stated in the COM
paint and notice of motion for such judgment
shall be published once week for six weeks
SUCCESSFULLY, and the several publications
shall be in the same newspaper in said county.
The clerk of the circuit court of such county
shall advertise for bids for publishing such
notices Gin two papers to be selected by the
county judge, and the publishing Of such no.
tees shall thereupon be awarded by said cir
cult Judge to the newspaper making the low
est bid tllel efor, or if there are more than one
making the same bid, then the said Judge to
determine TO which of said newspapers said
publications shall be awarded, said award to
De by order of said court entered OF record
therein; and copy of such order certified by
the clerk of said court under the seal thereof,
shall be transmitted and entered of record in
all oth9r courts of said county having equity
jurisdiction, before which proceedings in said
complaint but if any person shall serve an
answer as aforesaid to such complaint the court
NAV hear evidence or order reference to take
evidence and report the same 10 said court.
If the complaint includes more than one par
eel of land, and no demurrer or answer shall
be served as to some OF said pieces OF land,
the court may enter decree as to those par
cells as to which no answer or demurrer has
been served and to hear evidence or order a
reference as to the remaining parcels.
Section IA 1t shall be competent for said
courts in all such judgements to determine
and decree in whom the title in any or all of
the lands described in said complaint is vested,
whether in the plaintiff or in any other of the
parties before the court; but said judgement
shall not in anywise affect any lien or hens to
which said fee may be subject, whether by
! mortgage, deed OF trust, Judgement statute,
mechanics lien or otherwise, but shall leave
! all such liens to be ascertained or published
in some other proceeding, or to be enforced as
| the parties holding them may see fit. Any
person having at the time of such destruction
of the records as aforesaid, any lien, by
| mortgage, trust deed or otherwise, upon any
! lands in such county, and having lost the
proof thereof and all parties claiming under
/ any such person, may file complaint for the
/ purpose OF establishing the existence condi-
| tons, character and extent of said lien. All
/ persons known to the petitioner as having or
claiming any interest or lien in or upon said
! lands shall be made defendants by name, and
| the same proceedings shall be had as in the
/ case of the plaintiff above provided. The
! iudgem mt shall find the existence Of such lien
! (if any exists, its condition, character and
extent, and any lien so established may be
enforced according to the terms thereof.
| Section Is. Said judgement Of said court,
when entered on either Of the complaints
/ above mentioned, shall be forever binding
and conclusive, unless an appeal be taken, or
| a write Of error be sued out in the manner
now provided by law, in v hich case the final
| judgement entered in said cause shall be bind
/ ing and conclusive as aforesaid. from the en-
| try thereof, except as against minors, or per
! sons Of unsound mind: Provided, that married
women, insane persons and minors shall have
| two years after their disabilities are removed
| to appeal or sue out writ Of error from said
| judgement: Provided, further, that any Judge
ment entered upon any complaint which does
! not make defendant by name all persons who
| rhnn I,o in -,nssessinn Of such lands or any