Case Notes

In the absence of direction from mortgagor, mortgagee may appropriate payment on mortgage to either principal or interest, or to another debt due to mortgagee. 5 H. 405.

Guardian of heirs of mortgagor justified in assenting to application of proceeds of sale of land of deceased ancestor to payment of debt, secured or unsecured. 28 H. 81, 85.

Burden of guarantor sued for deficiency after foreclosure to show foreclosure price paid by mortgagee inadequate. 31 H. 34. Economic depression alone not enough to refuse remedy of foreclosure. 32 H. 835. Upset price. Id.

Decree of foreclosure is a final judgment for purposes of appellate review. 55 H. 414, 520 P.2d 431; 57 H. 557, 560 P.2d 488.

See 33 H. 1; 34 H. 283.

Cited: 40 H. 269, 274.