Hawkins v. Hill

Citations

• 15 Cal. 499

Syllabus

<p>Where plaintiff has two mortgages on the same property—the property being indivisible—and one of the mortgages is not due, he may, nevertheless, file his bill and have a decree for the forecloseure of both. And if the second mortgage becomes due before the decree, then defendant cannot defeat the action as to this mortgage by tendering the money dne on the first mortgage, after the maturity of the second. The jurisdiction of the Court over the subject matter having attached, the Court should close the controversy by settling all things involved in the litigation.</p>