Citizens National Bank v. Abbott

Citations

• 72 Wash. 73
• 129 P. 1085
• 1913 Wash. LEXIS 1406

Syllabus

<p>Mortgages — Foreclosure—Yenue — Separate Mortgages — Election — Waiver. Separate mortgages given upon land in separate counties, each securing a specific portion of one promissory note, are not given to secure the same debt, for the purposes of foreclosure, where a personal judgment is not sought, 'Since the separation for the purposes of foreclosure makes each a separate debt and foreclosure thereof local to the county in which the land is situated; hence a foreclosure of one mortgage in one county does not waive the right to foreclose the other in a separate action.</p> <p>Same — Foreclosure oe Separate Mortgages — Complaint—Prater for Personal Judgment — Abandonment—Effect. In such case, a prayer for personal judgment in the first action does not waive the right to foreclose the other mortgage, where such prayer was abandoned with a view of prosecuting the second suit, and no personal judgment was entered.</p> <p>Same — Decree—Res Judicata. A personal judgment on a note secured by mortgage, is not res judicata or a bar to a subsequent action to foreclose the lien of the mortgage.</p>