 | 1886 - 940 էջ
...to, and allow appellant to pursue both remedies, and that, too, at the same time. In this territory there can be but one action for the recovery of any...the enforcement of any right, secured by mortgage or other lien on real estate. This is our statute. Comp. Laws, 474, (1471,) § 246; Laws 1884, p. 268,... | |
 | California. Supreme Court - 1876 - 796 էջ
...debtor only by force of the statute, and depends for its existence upon conditions of statutory origin. For the recovery of any debt, or the enforcement of any right secured by mortgage-lien upon real estate or personal property, the statute declares there shall be but one action.... | |
 | California - 1880 - 1122 էջ
...court. .nfforpnt times. 5 728. Proceedings when debt secured falls due at dlffi 8 726. There can bo but one action for the recovery of any debt, or the...by mortgage upon real estate or personal property, w action must be in accordance with the provisions of chapter. In such action, tho court may, by its... | |
 | United States. Supreme Court - 1890 - 784 էջ
...provided by express statutory enactment. Section 3460 of the Compiled Laws above mentioned provides that, " There can be but one action for the recovery...estate or personal property ; which action must be in accordance with the provisions of this chapter. In such action the court may, by its judgment, direct... | |
 | Abraham Clark Freeman - 1890 - 1052 էջ
...in the name of Boll, as additional security for the loan. And it is argued that under the provision that " there can be but one action for the recovery...any debt, or the enforcement of any right secured by a mortgage" (Code Civ. Proc., sec. 726), the plaintiff cannot foreclose the mortgage upon Mrs. Strong's... | |
 | Montana. Supreme Court - 1891 - 736 էջ
...section 6861, Revised Codes, which, in part, declares: "There is but one action for the recovery of debt, or the enforcement of any right secured by mortgage...estate or personal property, which action must be in accordance with the provisions of this chapter," etc. The chapter containing this section relates... | |
 | 1892 - 1266 էջ
...FORECLOSURE OF MORTGAGES — PERSONAL Jrnn MENT— EQUITY. Сотр. Laws Utah 1SSS, § 8460, provides that there can be but one action for the recovery of any debt, or the enforcement of any right securuiî by mortgage, and the court may by its Jud^-ment direct a sale of the incumbered property,... | |
 | California - 1893 - 1302 էջ
...720. Transfer by debtor to third party: 86 Cal. 615. 726. Only one tiftinn far rfmrfrij nfdrht, rtc. There can be but one action for the recovery of any...enforcement of any right secured by mortgage upon rv.\l estate or pcrsmi.il property, which action must be in accordance with the provisions of this... | |
 | California - 1893 - 1300 էջ
...debtor to third party; 86 Cal. 615. 726. Only one action for recovery of debt, etc. There can be Vmt one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon ro.il estate or personal property, which action must be in accordance with the provisions of this chapter.... | |
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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. 
