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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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Report of Commissioner for Revision and Reform of the Law: General Laws ...

California. Commission for Revision and Reform of the Law - 1909 - 100 σελίδες
...substantially from section 162-7 of the Code of Procedure of New York, and is as follows : Sec. 726. There can be but one action for the recovery of any...enforcement of any right secured by mortgage upon real or personal property, which action must be in accordance with the provisions of this chapter. In such...

The Codes of California as Amended and in Force at the Close of the ..., Τόμος 3

California - 1909 - 2106 σελίδες
...different times. 1729. Oath and undertaking of commissioner. 5726. PROCEEMXGS IN FORECLOSURE SLITS. There can be but one action for the recovery of any...enforcement of any right secured by mortgage upon real or personal property, which action must be in accordance with the provisions of this chapter. In such...

Columbia Law Review, Τόμος 27

1927 - 1098 σελίδες
...varied by the fact that in the jurisdiction in which suit is brought there is a statute providing that "there can be but one action for the recovery of any debt or the enforcement of any right secured by a mortgage," which action is defined to be a foreclosure suit. Under such a statute, a personal judgment...

A Treatise on the Law and Practice of Mortgage Foreclosure on Real ..., Τόμος 1

Charles Hastings Wiltsie - 1927 - 970 σελίδες
...action upon another mortgage executed as security for the principal debt, under a statute providing that there can be but one action for the recovery of any debt secured by a mortgage upon real property.58 § 97. Mortgage on church or charitable institution. Where...

The Central Law Journal, Τόμος 43

1896 - 554 σελίδες
...Is destroyed before an action is begun in foreclosure, Code Civ. Proc. § 720, which provides that there can be but one action for the recovery of any debt secured by mortgage, does not apply to the Insurance policy, and defendants cannot Introduce Into foreclosure...

Nominations--Federal Communications Commission: Hearings Before the ...

United States. Congress. Senate. Committee on Commerce, Science, and Transportation - 1934 - 892 σελίδες
...right to bring suit to foreclose the same as if it were an ordinary mortgage. Second: By providing that there can be but one action for the recovery of any...or the enforcement of any right secured by mortgage or deed of trust, which action must be by foreclosure in court as in the case of the foreclosure of...

California Appellate Decisions, Τόμος 30

California. District Courts of Appeal - 1919 - 1060 σελίδες
...CODE RU.E.— The rule in this state, provided by section 726 of the Code of Civil Procedure, that there can be but one action for the recovery of any debt, or ihe enforcement of any right secured by mortgage upon real or personal property, applies to the primary...

California Appellate Decisions, Τόμος 23

California. District Courts of Appeal - 1916 - 1014 σελίδες
...general demurrer may be stated as follows: Section 726 of the Code of Civil Procedure provides that there can be but one action for the recovery of any debt secured by a mortgage; that, upon default in payment of the notes, plaintiff had only one of two remedies:...

California Decisions, Τόμος 49

California. Supreme Court - 1915 - 914 σελίδες
...virtue of section 726 of the Code of Civil Procedure this could not be done. That section declares that "There can be but one action for the recovery of any debt, secured by mortgage upon real or personal property.'' (2) That aside from the consideration of section...

American Law Reports Annotated, Τόμος 42

1926 - 1622 σελίδες
...to foreclose the mortgage in California, notwithstanding the provision of the California Code that there can be but one action for the recovery of any debt or the enforcement of any rights secured by a mortgage upon real or personal property, as that provision is merely a limitation...




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