Brown v. Willis
Citations
- 67 Cal. 235
- 7 P. 682
- 1885 Cal. LEXIS 603
Syllabus
<p>Practice—Mortgage—Enforcement of Debt.—Under section 726 of the Code of Civil Procedure, a mortgagor cannot be compelled to pay any part of the mortgage debt until a decree is entered for a sale of the premises mortgaged; and he then becomes liable only for such deficiency as shall appear on the sheriff’s return.</p> <p>Id,—Subsequent Mortgagee—Action by after Foreclosure of Pbioe Mortgage,—The holder of a note secured by a second mortgage cannot, after foreclosure of the prior mortgage by a suit to which he was made a party defendant, and in which all his rights might have been settled, maintain an action on the note against the maker.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding “the existence of an actual controversy was necessary” before “judicial power” could be exercised, and concluding that trial court exceeded the judicial power by issuing an order interpreting a statute without a case or adversarial parties before it
Source: CourtListener parenthetical corpus (CC0).
Judges: Ross
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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