Dodge v. Freedman's Savings & Trust Co.

Dodge v. Freedman’s Savings and Trust Company

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

Court: Supreme Court of the United States
Decided: December 11, 1882
Docket: No. 110
Judges: Waite
Citations: 106 U.S. 4451 S. Ct. 33527 L. Ed. 20616 Otto 4451882 U.S. LEXIS 1561

Cited by 7

Headnotes

Where 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, sect. 808; Rev. Stat., relating to the District, authorizes a decree in personam against the debtor for the balance remaining due after the proceeds of the sale oft the lands have been applied to the satisfaction of the debt.

Summary

Appeal from the Supreme Court of the District of Columbia. The Freedman’s Savings and Trust Company,- the holder of certain notes of Dodge, secured by Iiis 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. 3'79. 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.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

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Relies on it most ⓘ

Frederick Wayne Thomas v. Nathan A. Rice, Warden, and the Attorney General of the State of North Carolina838 F.2d 468 (4th Cir. 1987)
American Trust Co. v. Butler47 F.2d 482 (5th Cir. 1931)
Hammer v. Alaska-Ebner Gold Mines Co.6 Alaska 193 (D. Alaska 1919)
Young v. Vail222 P. 912 (N.M. 1924)
Shepherd v. Pepper133 U.S. 626 (1890)
United States v. Thomas3 Ct. Cust. 142 (C.C.P.A. 1912)

Most recent

Frederick Wayne Thomas v. Nathan A. Rice, Warden, and the Attorney General of the State of North Carolina838 F.2d 468 (4th Cir. 1987)
American Trust Co. v. Butler47 F.2d 482 (5th Cir. 1931)
Young v. Vail222 P. 912 (N.M. 1924)
Hammer v. Alaska-Ebner Gold Mines Co.6 Alaska 193 (D. Alaska 1919)
United States v. Thomas3 Ct. Cust. 142 (C.C.P.A. 1912)
Ford v. Springer Land Ass'n8 N.M. 37 (1895)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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