Belloc v. Rogers

Citations

• 9 Cal. 123

Syllabus

<p>Where a plaintiff in an action to foreclose a mortgage against a party who has died since the service of the summons, and before judgment, asks for a decree of sale of the mortgaged premises, and if the same is not sufficient to discharge the debt, then for a judgment over against the estate, the administrator is a necessary party to the suit.</p> <p>A suit for the foreclosure of a mortgage is peculiarly an equity proceeeding; and when a District Court gains jurisdiction of the case for the purpose of foreclosure, it has the right to give full relief j and for this purpose to decree and execute a sale of the mortgaged premises. But when the claim has been presented to the administrator and Probate Court, and allowed, it is otherwise.</p>