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" 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. "
West Coast Reporter ...: Containing All the Decisions as Fast as Filed of ... - Σελίδα 595
1886
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The American State Reports: Containing the Cases of General Value ..., Τόμος 11

Abraham Clark Freeman - 1890 - 1052 σελίδες
...name of Boll, as additional security for the loan. And it is argued that under the provision that " there can be but one action for the recovery of any debt, or the enforcement of any right secured by a mortgage" (Code Civ. Proc., sec. 726), the plaintiff cannot foreclose the mortgage upon Mrs. Strong's...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 39

Montana. Supreme Court - 1891 - 736 σελίδες
...section 6861, Revised Codes, which, in part, declares: "There is but one action for the recovery of 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," etc. The chapter containing...

The Pacific Reporter, Τόμος 27

1892 - 1266 σελίδες
...FORECLOSURE OF MORTGAGES — PERSONAL Jrnn MENT— EQUITY. Сотр. Laws Utah 1SSS, § 8460, provides that there can be but one action for the recovery of any debt, or the enforcement of any right securuiî by mortgage, and the court may by its Jud^-ment direct a sale of the incumbered property,...

Supplement to the Codes of California Embracing the General Statutes, the ...

California - 1893 - 1302 σελίδες
...720. Transfer by debtor to third party: 86 Cal. 615. 726. Only one tiftinn far rfmrfrij nfdrht, rtc. There can be but one action for the recovery of any...enforcement of any right secured by mortgage upon rv.\l estate or pcrsmi.il property, which action must be in accordance with the provisions of this...

Supplement to the Codes of California: Embracing the General Statutes, the ...

California - 1893 - 1304 σελίδες
...debtor to third party; 86 Cal. 615. 726. Only one action for recovery of debt, etc. There can be Vmt one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon ro.il estate or personal property, which action must be in accordance with the provisions of this chapter....

The American State Reports: Containing the Cases of General Value ..., Τόμος 37

Abraham Clark Freeman - 1894 - 1024 σελίδες
...judgment docketed against the defendant was void, and also that under the section of the code cited there can be but one action for the recovery of any...enforcement of any right secured by mortgage upon real or personal property. It does not follow, however, that after the mortgage security is exhausted, leaving...

A Treatise on the Law of Mortgages on Personal Property

Leonard Augustus Jones - 1894 - 936 σελίδες
...representative or assigns, may in good faith purchase the property so sold or any part thereof.1 There shall be but one action for the recovery of any debt, or the enforcement of any rights, secured by mortgage upon real estate or personal property, which action shall be in accordance...

A Treatise on the Law of Mortgages of Real Property, Τόμος 2

Leonard Augustus Jones - 1894 - 1038 σελίδες
...out of notice shall be given of said application as the same contract may be united, the maker covery of any debt, or the enforcement of any right secured by mortgage. In such action judgment is rendered for the amount found due the plaintiff, and a decree is entered...

Statutes of California and Digests of Measures

California - 1895 - 310 σελίδες
...seven hundred and twenty-six of the •Code of Civil Procedure is amended to read as follows: 726. There can be but one action for the recovery of any...by mortgage upon real estate or personal property, which action must be in accordance with the provisions of this chapter. In such action the Court may,...

Mills' Annotated Code: Adopting as Text the Colorado Code of Civil Procedure ...

Colorado - 1896 - 874 σελίδες
...effect. 1. This section is same as Code 1877, § 229, except these words precede the above: "There shall be but one action for the recovery of any debt, or...by mortgage upon real estate or personal property, which action shall be in accordance with the provisions of this chapter:" and "foreclosures" for "foreciosure,"...




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