Taggart v. San Antonio Ridge Ditch & Mining Co.

Citations

• 18 Cal. 460
• 1861 Cal. LEXIS 233

Syllabus

<p>In an action to foreclose a mortgage to recover a debt, upon which nothing but the interest was due, the Court below decreed a sale of the property, and directed that the proceeds be applied to the payment of the entire debt; and further decreed, that in case of deficiency of proceeds, plaintiff recover of defendant the balance, and have execution therefor: Held, that the latter clause of the decree, giving judgment and execution for the deficiency, must be so modified as to exclude that portion of the debt not due; that as to this the power of the Court under the statute was exhausted by decreeing a sale of the property.</p>