 There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate or personal property, which action must be in accordance with the provisions of this chapter.  The Pacific Reporter - Página 2571922Visualização integral - Acerca deste livro
 | Abraham Clark Freeman - 1898 - 1034 páginas
...Colebrooke on Collateral Securities, sec. 841, and cases cited. It is a familiar provision of our statutes that there can be but one action for the recovery...any debt, or the enforcement of any right secured by mortgage upon real estate or personal property, which action must be first directed to the exhaustion... | |
 | Morris March Estee - 1898 - 1096 páginas
...and paid therefor the premium of dollars.1 § 2280. Action for foreclosure. In California there shall be but one action for the recovery of any debt or the enforcement of any right secured by mortgage upon real estate or personal property.2 It is an action for the legal determination of the... | |
 | California. Supreme Court - 1899 - 850 páginas
...the homestead, he should have asserted it in that action. Section 726 of the Code of Civil Procedure declares that: "There can be but one action for the...any debt or the enforcement of any right secured by mortgage upon real estate"; and, if the plaintiff held an equitable mortgage upon the premises, his... | |
 | 1899 - 1224 páginas
...Vandewater v. McRae, 27 Cal. 596, it was held that the California statute providing that there should be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage, was not applicable in a case where a judgment had been obtained against the maker of a note,... | |
 | Emerson E. Ballard, Tilghman Ethan Ballard - 1900 - 960 páginas
...\.Milam, 64 Ark. 305 (42 S. W. Rep. 417). Construing and applying Idaho Rev. Stat.,§ 4520, providing that " there can be but one action for the recovery...any debt, or the enforcement of any right secured by mortgage upon real estate or personal property," it is held that when an action on a debt is barred,... | |
 | James Henry Deering - 1900 - 892 páginas
...extended for one year, the provision of section 726 of the Code of Civil Procedure, that there shall be but one action for the recovery of any debt or the enforcement of any right secured by mortgage, is applicable; and the mortgagee thereafter had only the right to foreclose the mortgage... | |
 | Nevada - 1900 - 1246 páginas
...Judgment Rendered for Amount Due — Sale Ordered — Execution Issued. 8843. SEC. 248. There shall be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage or lien upon real estate or personal property, which action shall be in accordance with the... | |
 | 1900 - 1348 páginas
...the plaintiff. Counsel for appellants cited several California decisions In support of the contention that there can be but one action for the recovery of any debt secured by mortgage. Such decisions are based upon a statute which does not exist In this state. Code... | |
 | Joseph Henry Budd - 1902 - 800 páginas
...a legal title thereto under a sale to enforce the judgment in the foreclosure suit.4 In California there can be but one action for the recovery of any debt or the enforcement of any right secured by mortgage upon real estate or personal property ; in which action, the court may, by its judgment, direct... | |
 | Charles Marcellus Bufford - 1903 - 1128 páginas
...different counties, and in such case thev must all be embraced in one action. 8s it is declared by the code that there can be but one action for the recovery...of any debt or the enforcement of any right secured bv mortgage Unless the creditor in his action includes in his action all the property on which there... | |
| |
