Rowland v. Leiby

The District Court based its decree, setting aside the money judgment of September, 1851, on the ground, that such judgment could not be rendered in a suit for the foreclosure of a mortgage. In this respect the Court erred. In this State, parties are at lib*157erty to adopt, in the foreclosure of mortgages the course pursued under the old Chancery system, and take a decree adjudging the amount due upon the personal obligation of the mortgagor, and directing a sale of the premises, and the application of the proceeds to its payment; and apply, after sale, for the ascertainment of any deficiency,…