58-2311. Same; joinder of actions.
58-2311
58-2311. Same; joinder of actions.In any action commenced in the district court to recover damagesunder the provisions of this act, the plaintiff may unite with such claim acause of action to cancel the mortgage and remove the cloud from the title;and if plaintiff recovers damages in such action, he or she shall be entitledto a further judgment canceling such mortgage and quieting the title to themortgaged premises; and where personal service of summons cannot be had onthe defendant or defendants within this state, judgment canceling suchmortgage may be rendered in the action upon proof of due service bypublication, or upon due personal service obtained out of this state.
History: L. 1889, ch. 175, § 3; March 6; R.S. 1923, 67-311.