Felton v. West

Citations

• 102 Cal. 266
• 36 P. 676
• 1894 Cal. LEXIS 632

Syllabus

<p>Action Fob Debt Secured by Mortgage—Situation of Property—Construction of Code.—The provision of section 726 of the Code of Civil Procedure, that there can be but one action for the recovery of a debt secured by mortgage, refers to actions brought in the courts of California for the purpose of foreclosing mortgages upon property situated in the state of California, and does not preclude an action to recover a debt against a resident of this state, although the debt is secured by a mortgage upon property situated in another state.</p> <p>Id.—Foreclosure in Another State—Personal Action Upon Note— Waiver.—Where a mortgage has been foreclosed in another state, where the mortgaged property is situated, and the proceeds of the mortgaged property had been credited upon the note, without any judgment for a deficiency, service having been had in the foreclosure suit by publication only, the creditor may bring an action in this state upon the note for the balance due thereon; and such compulsory foreclosure in another state cannot result in a waiver of any right upon his part to bring such personal action against the maker of the note residing in this state.</p> <p>Id.—Statutory Construction—Object of Statute—Justice.—If a statute is ambiguous or doubtful, or susceptible of different constructions or interpretations, then such liberality of construction is justified as, within a fair interpretation of its language, will effect its apparent object and promote justice.</p>