
    MARTHA HUBBELL v. BROADWELL, ET AL.
    Mortgage — sci. fa. upon — special and general judgment on — debt of repord.
    In proceeding by scire facias on a mortgage, the first judgment is a special one for the debt to be levied by a sale of the mortgaged premises.
    When the mortgaged premises are exhausted, new process issues, and a general judgment follows, as in other cases.
    The effect of the first judgment is, to change the debt from one by deed to one of record.
    Error, to the Court of Common Pleas. The case below was a scire facias on a mortgage. The judgment rendered was a general one against the defendant in the first instance, not an order to sell the mortgaged premises. The process issued against the husband and wife, but was not served, because they signed a paper, waving the service. The husband is since dead, and the widow brings this writ of error.
   By the Court.

The first judgment under the statute should have been for the amount of the debt, and an order to sell the mortgaged premises. This judgment made the debt a debt of record, instead of a debt by deed; 22 O. L. 232. After sale, in case of deficiency upon new process, the law allowed a general judgment to be rendered for the balance, and execution to issue as in other cases. The court erred, therefore, in giving the general judgment in the first instance, and for that error the judgment is reversed, with costs.

The other point, as to the power of a married woman to wave the service of process against her, it is not necessary now to decide.  