Kastner v. Fashion Livery Co.

Citations

• 10 Ariz. 23
• 85 P. 120
• 1906 Ariz. LEXIS 88

Syllabus

<p>1. Chattel Mortgage — ■ After-Acquired Property.; — A chattel mortgage, to he construed to cover after-acquired property, must he in language apt and clear to indicate such purpose.</p> <p>2. Same — Construction.—A chattel mortgage construed. Held not to include after-acquired property.</p> <p>3. Same — Foreclosure—Defendant.—Under Arizona practice, a mortgagee may, in a foreclosure suit, join as party defendant a grantee of the mortgagor who has assumed payment of the mortgage debt, and recover a deficiency’ judgment against him. Following Johns v. Wilson, 53 Pae. 583, 6 Ariz. 125.</p> <p>4. Same — Deficiency—Personal Judgment. — Under statutes providing that, when a mortgage is foreclosed, the court shall render judgment for the entire amount found to be due; that an execution may be issued against the mortgagor for a deficiency, after sale of the mortgaged property, where the defendant has appeared in the action; that all judgments shall be so framed as to give the party all the relief to which he may be entitled either in law or equity; if the facts in the complaint disclose that defendant is personally liable for the mortgage debt, personal judgment should be entered against him, if he has appeared in the action, though the prayer is only for foreclosure and for such “further relief as may be meet and proper in the premises.”</p> <p>5. Same — Finding.—A finding that “defendant assumed the mortgage” is to be construed as meaning that defendant assumed payment of the mortgage debt.</p> <p>6. Same. — Where the complaint does not set forth facts showing that defendant is personally liable for the 'mortgage debt, a finding that he is so liable is beside the issues, and no personal judgment can be rendered thereunder.</p> <p>(Syllabus by the Court.)</p>