Bank of California v. Dyer

Citations

• 14 Wash. 279
• 44 P. 534
• 1896 Wash. LEXIS 359

Syllabus

<p>MORTGAGE FORECLOSURE — DEFICIENCY JUDGMENT — PLEADING — FAILURE TO MAKE FINDINGS.</p> <p>Where the holder of notes secured by mortgage forecloses the mortgage without asking and obtaining a deficiency judgment, but upon obtaining a decree of foreclosure surrenders and cancels the notes, he has no further right of action upon collateral security placed in his hands to secure the payment of such notes.</p> <p>The relief to which plaintiff is entitled, in an action in which there is no answer, cannot exceed what is demanded in the complaint.</p> <p>Failure of the trial court to make a finding is not matter for review on appeal, unless there was a request for the finding, and objection for want of one urged at or before the time of the entry of a decree.</p>