Ridgley v. Abbott Quicksilver Mining Co. of Illinois

Citations

• 7 Cal. Unrep. 200
• 79 P. 833
• 1905 Cal. LEXIS 710

Syllabus

<p>Mortgage Foreclosure—Deficiency Judgment.—In a Foreclosure Suit, a finding that a certain sum was due and unpaid from defend? ant to plaintiff, which was not made a part of the judgment, and which was not accompanied by an order for a deficiency judgment, was not an adjudication of personal liability, gave the clerk no authority to docket a deficiency judgment, and confined plaintiff to the mortgaged property alone for the satisfaction of his judgment and eosts.1</p> <p>Mortgage Foreclosure — Deficiency Judgment — Appeal.—A defendant in a suit to foreclose a mortgage, which had sold all its interest in the property before the suit was brought, and against which no personal or deficiency judgment was rendered, was not aggrieved either by the judgment or by an order allowing plaintiff receiver’s costs and fees, in such sense as to entitle it to appeal from either the judgment or the order.</p>