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

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.