Mascarel v. Raffour

By the Court:

The action is to foreclose three mortgages, two of which are upon the same parcel of land and none other, while the third is also upon that parcel and an adjoining parcel. The decree forecloses the three mortgages upon the first parcel; but omits to foreclose the third mortgage on tho second parcel; and orders a personal judgment against the mortgagor for the deficiency, if there be one. The mortgagor appeals, and makes the point that under section 726 of the Code of Civil Procedure there can be no personal judgment against the defendant for the deficiency until the mortgage…