Rowe v. Blake

Citations

• 99 Cal. 167
• 33 P. 864
• 1893 Cal. LEXIS 630

Syllabus

<p>Foreclosure of Mortgage—Action upon Judgment—Remedy by Sale.—An action may be maintained by a judgment creditor to enforce a judgment for the foreclosure of a mortgage, deela'ring the indebtedness therein ascertained to be a lien upon the mortgaged land and directing a sale of the land to satisfy the indebtedness, although he m^ also have a remedy for the enforcement of the judgment by a sale within five years from its entry.</p> <p>Id.—Enforcement of Decree in Equity.—'In this state there is but one form of civil action for the enforcement of a private right, and the rules which under the chancery practice prevents the enforcement of a decree in equity by a proceeding at law are inapplicable.</p>