Dodge v. Freedman's Savings Trust Company/Opinion of the Court

by Morrison Waite

United States Supreme Court

106 U.S. 445

Dodge  v.  Freedman's Savings Trust Company

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

'Section 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 plaintiff's demand against the defendant, shall adjudge that the plaintiff recover his demand against the defendant and 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.

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