Russell v. Hank
Utah Supreme Court
Appeal from an order of the district court of the fourth district setting aside a portion of a decree of foreclosure, Hon. James A. Miner, judge. The opinion states the facts. The former two actions, one at law upon the note, the other in equity upon the mortgage, are by our code consolidated into one action, and a mortgagee may bring suit and have judgment docketed for the full amount due.
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Appeal from an order of the district court of the fourth district setting aside a portion of a decree of foreclosure, Hon. James A. Miner, judge. The opinion states the facts. The former two actions, one at law upon the note, the other in equity upon the mortgage, are by our code consolidated into one action, and a mortgagee may bring suit and have judgment docketed for the full amount due. Then he can proceed to sell the property and apply the proceeds thereof upon the judgment, and no proceedings are necessary to ascertain the deficiency. Rowland v. Leiby, 14 Cal. 157; Brereton v. Miller, 7…
1Opinion of the Court
ZANE, C. J.:
In the complaint filed in this cause the plaintiff described, a promissory note payable to him made by the defendant, Caleb R. Hank, for 14,592,25, alleged non-payment, and •pfayed judgment for the amont due; and, for a second cause of action he set out the same note and a mortgage executed by Caleb R. Hank and America L. Hank, on real estate to secure it, and alleged a breach, and the usual prayer of foreclosure, “and for other and further relief, without expressly asking for a judgment for any deficiency in case the mortgaged property should not bring enough to satisfy the…
2Cases cited2 opinions
- Leviston v. SwanCalifornia Supreme Court · 1867
- Brereton v. MillerUtah Supreme Court · 1891
3Cited by4 opinions
- First National Bank of Salt Lake City v. HaymondUtah Supreme Court · 1936
- Blue Creek Land & Live Stock Co. v. KehrerUtah Supreme Court · 1922
- Howe v. SearsUtah Supreme Court · 1906
- Bissinger & Co. v. WeissWyoming Supreme Court · 1921