La Societe Française D'Epargnes Et De Prevoyance Mutuelle v. McHenry
U.S. Court of Appeals for the Eleventh Circuit
La Societe Française D'Epargnes Et De Prevoyance Mutuelle v. McHenry, 49 Cal. 351 (11th Cir. 1874)
La Societe Française D'Epargnes Et De Prevoyance Mutuelle v. McHenry
Opinion of the Court
1. The demurrers to the complaint interposed by the defendants, were properly overruled.
2. The answers presented no available defense to the action, and were properly stricken out.
3. There is no personal judgment against McHenry for the deficiency, if any, after the application of the proceeds of the sale of the mortgaged premises.
4. The ex parte direction to the Sheriff to proceed with the mortgage sale, notwithstanding the appeal, was proper.
The judgment and order affirmed. Remittitur forthwith.
Neither Mr. Justice Rhodes nor Mr. Justice Niles expressed an opinion.
Reference
- Full Case Name
- LA SOCIETE FRANÇAISE D'EPARGNES ET DE PREVOYANCE MUTUELLE v. JOHN McHENRY and ELLEN McHENRY
- Cited By
- 1872 cases
- Status
- the District Court of the United States
- Syllabus
- Foreclosure of Mortgage.—The facts that the mortgagor is declared bankrupt in the District Court of the United States, and that the mortgagee proves his debt before the Register in bankruptcy, do not prevent the mortgagee from foreclosing his mortgage in a State Court upon leave granted by the District Court of the United States. Jurisdiction of District Court.—A District Court has jurisdiction to foreclose a mortgage on property which lies outside the district. Court mat Direct Sheriff to Execute Process.—If a sheriff has received an order of sale on a decree foreclosing a mortgage, and refuses to execute it on the ground that an appeal has been taken, and the undertaking on appeal is insufficient to stay proceedings, the Court may -make an ex parte order requiring him to proceed and sell.