Page:United States Statutes at Large Volume 31.djvu/450

 s-398 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. the property adfjudged to be sold to satisfy the debt secured thereby, , by an action o an e uitable nature. ln such action, in addition to the judgment of foreelosure and sale, if it appear that a promissory note or other personal obligation for the payment of the de t has been given by the mort agor or other lien debtor, or b any other person as principal or otherwise, the court shall also adjudge a recovery of the amount of such debt against such person or persons, as the case may be, as in the case of an ordinary judgment for the recovery of money. · —, “ P¤¤i€¤ d¤*€¤d¤¤¥- Sec. 390. A.ny—person having a lien subseeljluent to the plaintiff upon the same plroperty or any part thereof, or w 0 has given a promissory note or other personal ob igationfor the payment of the ebt orany part thereof, secured by the mortgage or other lien which is the subject of the action, shall be made a defendant in the action, and any person-having a tprior lien may be made defendant at the option of the — plaintiff, or b e order, of thecourtwhen deemed necessary. ,,£*{{g0gW*;,g gg Sec. 391. When it is adjudged that any of the defendants have a pmpmy. lien u n the property, the court shall make a like judgment in~rela.— _ tion tggreto and the debt secured thereby as if such defendant were a plaintiif in the action; and when a judgment is given foreclosing two or more liens upon the same property or any portion thereof in favor of different persons not united in interest,‘such» judgment shall determine and specify the order of time, according. to their priority, in which the debts secured by such lien shall be satisfied out of the proceeds of the sale of theproperty. . . mlizgg Judgment en-. Sec.- 392, The judiment may be enforced by execution as an ordi-. r ‘ ’ nary judgment for the recovery of money, except as in this section otherwise or specially provided:. _ First. When a judgment of foreclosure and sale i.s iven, an execution may issue thereon against the pro rty adjudge§ to be sold. If the jud ent is in favor of the plaintiifpdnly, the execution may issue · asin ordilriary cases, but if it be in favor of diiferentfpersons not united in interest, it shall issue upon the joint reguest o such persons, or upog the order of the court or judge thereo, on the motion of either o them;. Second. When the judgment isalso against the defendants or any one of them in erson, and the roceeds of the sale of theproperty upon which the lien is foreclosed) is not sufficient to satisfly the judgment as to the sum remaining unsatisfied to either, the ju gment may be enforced by execution as in ordinary cases. When in such case the judgment is in favor of different persons not"ifnited in interest, it shall be deemed °a separate judgment as sto such persons, and may be, enforced accordingly. rt s fcglléfuyé wgwyvgg, Sec. 393. A ju gment of foreclosure shall have the effect to bar the deemed.equity of redemption, and propirty sold on execution issued upon a judgment  redeemed ine manner and with like effect as real ` property sol on an execution issued on a judgment. ' ugcgf-lfggggrgcgafj Sec. 394. During the pendency of an action for -the recovery of a mmm amng pen- debt secured by any lien mentioned in· section three hundred and ?§§§{,b,‘ff “° °“ f°'» eight -nine, an action can not be maintained for the foreclosure of ·. such lien, nor thereafter, unless judgment be given in such action that the plaintiff recover such debt or some (part thereof, and an execution thereon against the prolperty -of the efendant in the judgment is returnedsunsatisiied in w ole or in part. w§g`§*gg€Q¤g§;¤&gQ; Sec. 395. When an action is commenced to foreclose alien by which mmsmimems some a debtis secured, which debt is payable in installments, either of °"'m°h ml °“°‘ interest or principal, and any of such installments is notithen due, the court shall adjudge a foreclosure of the lien, and may also ad`udge a sale of the property for the satisfaction of the whole of such debt, or so much thereof as may be necessary to satisfy the installment then