Home Loan Assocs. v. Wilkins
California Supreme Court
Home Loan Assocs. v. Wilkins, 66 Cal. 9 (Cal. 1884)
4 P. 697; 1884 Cal. LEXIS 663
Home Loan Assocs. v. Wilkins
Opinion of the Court
This action was brought to foreclose two mortgages, each of which was on a separate and distinct parcel of property. The decree is for the sale of both parcels, to satisfy the aggregate sum due on both mortgages. In that regard the decree is erroneous. Each parcel should be sold to satisfy the sum for which it was separately mortgaged.
Cause remanded, with directions that the decree be modified as above suggested.
Reference
- Full Case Name
- HOME LOAN ASSOCIATES v. J. H. B. WILKINS
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Mortgage—Degree—Foreclosure.—A decree in an action to foreclose two mortgages, each executed to the same party, but upon different parcels of land, and each given to secure payment of a separate debt, should provide that each parcel be sold to satisfy the sum for which it was separately mortgaged.