 There can be but one action for the recovery of any debt, or the enforcement of any right, secured by mortgage upon real estate or personal property ; which action must be in accordance with the provisions of this chapter.  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Стр. 572авторы: Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, Harmel L. Pratt, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, William S. Dalton, H. Arnold Rich - 1919Полный просмотр - Подробнее о книге
 | Charles Marcellus Bufford - 1903 - Страниц: 1122
...above. 7 Multiplicity of Actions Must be Avoided.— Code of Civil Procedure, section 726, provides: "There can be but one action for the recovery of any...the enforcement of any right secured by mortgage." One object of this provision is "to prevent multiplicity of suits and the attendant annovance and additional... | |
 | Colorado. Supreme Court - 1903 - Страниц: 712
...legislature in its abrogation, is widely at variance with our own. The provision was that there should be but one action for the recovery of any debt, or...the enforcement of any right, secured by mortgage, which action should be in Accordance with the chapter of which the provision was a part. Section 229... | |
 | Charles Marcellus Bufford - 1903 - Страниц: 1128
...counties, and in such case thev must all be embraced in one action. 8s it is declared by the code that there can be but one action for the recovery of any debt or the enforcement of any right secured bv mortgage Unless the creditor in his action includes in his action all the property on which there... | |
 | Idaho. Supreme Court - 1913 - Страниц: 920
...ravished purse when he discovers that under the provisions of the statutes of this state, sec. 4520, there can be "but one action for the recovery of any debt or the enforcement of any rights secured by mortgage upon real estate," which action must be in accordance with the provisions... | |
 | Idaho. Supreme Court - 1903 - Страниц: 884
...Argument for Respondents. in any statute. The statute expressly prohibits it. It pro- • vides "that there can. be but one action for the recovery of any debt or enforcement of any penalty secured by mortgage upon real estate or personal property," and that one... | |
 | Leonard Augustus Jones - 1904 - Страниц: 1092
...property shall § 1324. California.28 — Foreclosure is a matter of equity jurisdiction.28 There caii be but one action for the recovery of any debt, or...enforcement of any right secured by mortgage upon real estate.27 not sell at the first offering for two thirds of the amount of the appraisement, another... | |
 | Colorado. Court of Appeals - 1904 - Страниц: 680
...legislature in its abrogation, is widely at variance with our own. The provision was that there should be but one action for the recovery of any debt, or...the enforcement of any right, secured by mortgage, which action should be in accordance with the chapter of which the provision was a part. Section 229... | |
 | Montana. Supreme Court - 1905 - Страниц: 762
...(section 1290, Code of Civil Proc.), which declares that "there is but one action for the recovery of debt, or the enforcement of any right secured by mortgage upon real estate or personal property." In support of this contention coimsel cites, among other cases, Brophy v. Downey, 26 Mont. 252, 67... | |
 | Roger William Cooley, Lawrence Vold - 1905 - Страниц: 1118
...property (In re West Norfolk Lumber Co. [DC] 112 Fed. 759). Though it is provided by statute *• that there can be but one action for the recovery of any debt secured by mortgage, nevertheless the pledgee may first sue to recover the debt for which the pledge... | |
 | California. Supreme Court - 1906 - Страниц: 780
...by section 726 of the Code of Civil Procedure. That section, so far as it bears on this case, reads as follows: "There can be but one action for the recovery...by mortgage upon real estate or personal property." We are of opinion that the point is well taken. The statute is imperative. The word "secured," in the... | |
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