Dodge v. Freedman's Savings & Trust Co.
106 U.S. 445 (1882)

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U.S. Supreme Court

Dodge v. Freedman's Savings & Trust Co., 106 U.S. 445 (1882)

Dodge v. Freedman's Savings and Trust Company

Decided December 11, 1882

106 U.S. 445

Syllabus

When a mortgage of lands in the District of Columbia, or a deed of trust in the nature thereof, to secure the payment of money, is foreclosed, sec. 808, Rev.Stat., relating to the District, authorizes a decree in personam against the debtor for the balances remaining due after the proceeds of the sale of the lands have been applied to the satisfaction of the debt.

The Freedman's Savings and Trust Company, the holder of

Page 106 U. S. 446

certain notes of Dodge, secured by his deed of trust in the nature of a mortgage upon lands in the District of Columbia, filed its bill in the court below and obtained a decree which was affirmed here at the October Term, 1876, 93 U. S. 93 U.S. 379. A sale of the lands was then made, and after the application of the proceeds to the satisfaction of the debt, the court, pursuant to its adjudication that the complainant recover the balance remaining due and that he "have execution thereof as at law," ordered that a writ be issued. Dodge thereupon appealed.

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