DODGE
v.
FREEDMAN'S SAVINGS AND TRUST COMPANY

U.S. | 1882-10-01
106 U.S. 445 Supreme Court of the United States (1882) Positive Treatment
Also reported at: 27 L. Ed. 206 · 1 S. Ct. 335 · 1882 U.S. LEXIS 1561 · SCDB 1882-063
Cited by 6 cases
Opinion of the Court
Mr. Chief Justice Waite

Mr. Chief Justice Waite delivered the opinion of the court.

Section 808 of the Revised Statutes relating to the District of Columbia is as follows: —

“ Sect. 808. The proceeding to enforce any lien shall be by bill or petition in equity, and the decree, besides subjecting the thing upon which the lien has attached to the satisfaction of the plaintiffs demand against the defendant, shall adjudge that the plaintiff recover his demand against the defendant, arid that he may have execution thereof as at law.”

This statute applies to suits for the foreclosure of deeds of trust in the nature of mortgages to secure the payment of money, and authorizes a. decree in favor of the plaintiff against the debtor • defendant for the payment of the balance of the debt that may remain due after the application thereto of the proceeds of the sale of the trust property, and an order for execution thereof as at law. This is such a decree in such a suit,' and it is consequently

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Shepherd v. Pepper, 133 U.S. 626 (U.S. 1890)
    …nst the defendant, shall adjudge that the plaintiff recover his demand against the defendant, and that he may have execution thereof as at law.” . This provision was interpreted by this court in the case of Dodge v. Freedman's Savings and Trust Co., 106 U. S. 445, where it was held that it authorized a decree in personam against the debtor for the balance 'remaining due after the proceeds of the sale of lands covered by a mortgage or a deed of trust in the nature thereof had been applied to the satisfaction…
  • Am. Tr. Co. v. Butler, 47 F.2d 482 (5th Cir. 1931)
    …he balance of the debt is cognizable only in the effort of equity to do complete justice and grant complete relief, and generally through a rule of eourt or statute authorizing it. Noonan v. Lee, 2 Black. 499, 17 L. Ed. 278; Dodge v. Freedman’s Co., 106 U. S. 445, 1 S. Ct. 335, 27 L. Ed. 206. There is a statute of Florida allowing the grant of a deficiency decree in the discretion of the court. Gober v. Braddock (Fla.) 131 So. 407, June term, 1930. No doubt the liability of the Butlers also for the deficien…

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