Hunt v. Dohrs

Citations

• 39 Cal. 304

Syllabus

<p>Mortgage—Judgment oe Foreclosure before the Debt is Due.—A judgment for the principal of a promissory note secured by mortgage, before it becomes due, and an order for the sale of the mortgaged premises for its payment, is erroneous.</p> <p>Idem.—Foreclosure for Interest.—Judgment may be had for the sale of so much of the premises as may be necessary to satisfy the interest due.</p> <p>Idem.—-Personal Judgment for Deficiency.—A personal judgment cannot be docketed against the defendant in a suit for foreclosure of a mortgage, until it is ascertained by the Sheriff’s return that a balance remains due.</p>