Van Vrankin v. Roberts

Citations

• 7 Del. Ch. 16

Syllabus

<p>Mortgages — foreclosure of; In equity and at law — thei institution of the former, a constructive abandonment of the latter; Remedies — when election must be made in exercise of, and when may be used concurrently.</p> <p>1. The concurrent use of two or more remedies adapted to the enforcement of a mortgage debt, each of which would produce precisely tne same result, falls without the rule permitting a mortgagee to exercise all his remedies concurrently.</p> <p>2. In Delaware a mortgagee has a' right to proceed on his mortgage in equity and at law. In equity by foreclosure, at law by scire facias. He also lias the right to proceed on his bond or other legal security for the debt. There is no doubt that he may pursue the last-named remedy, and either of the others, at the same time, so that he does not take double satisfaction.</p> <p>3. A mortgagee proceeding by scire' facias in the Superior Court, and afterward by a bill in equity, in which latter proceeding the property was sold, cannot recover costs incurred in the former proceeding.</p> <p>4. A mortgagee cannot use concurrently his remedy by scire facias and by bill in equity, and the beginning of the latter is a constructive abandonment of the former previously begun.</p>