Dodge v. Freedman's Savings & Trust Co.
Supreme Court of the United States
Appeal from the Supreme Court of the District of Columbia. The Freedman’s Savings and Trust Company,- the holder of certain notes of Dodge, secured by Iiis deed of trust in the nature of a mortgage upon lands in the District of Columbia, filed its bill in the court below, and obtained.a decree, which was affirmed here at the October Term, 1876, 93 U. S. 3'79. A sale of the lands was then made, and, after the application of the proceeds to the satisfaction of the debt, the…
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Appeal from the Supreme Court of the District of Columbia. The Freedman’s Savings and Trust Company,- the holder of certain notes of Dodge, secured by Iiis deed of trust in the nature of a mortgage upon lands in the District of Columbia, filed its bill in the court below, and obtained.a decree, which was affirmed here at the October Term, 1876, 93 U. S. 3'79. A sale of the lands was then made, and, after the application of the proceeds to the satisfaction of the debt, the court, pursuant to its adjudication that the complainant recover the balance remaining due, and that he “ have execution…
1Opinion of the CourtChief Justice Waite
Section 808 of the Revised Statutes relating to the District of Columbia is as follows: —
“ Sect. 808. The proceeding to enforce any lien shall be by bill or petition in equity, and the decree, besides subjecting the thing upon which the lien has attached to the satisfaction of the plaintiffs demand against the defendant, shall adjudge that the plaintiff recover his demand against the defendant, arid that he may have execution thereof as at law.”
This statute applies to suits for the foreclosure of deeds of trust in the nature of mortgages to secure the payment of money, and authorizes a.…
2Cited by7 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Shepherd v. PepperSupreme Court of the United States · 1890
- American Trust Co. v. ButlerCourt of Appeals for the Fifth Circuit · 1931
- United States v. ThomasCourt of Customs and Patent Appeals · 1912
- Ford v. Springer Land Ass'nNew Mexico Supreme Court · 1895
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