Mackey v. Cox

Defendant owned 160 acres of land which he occupied as his family homestead. The land ivas incumbered by three mortgages. The prior incumbrance amounted to $3,465, the second was for $1,600 and interest, and the third for $5,200 with interest. This action was brought to foreclose the third mortgage. A decree was rendered foreclosing the second and third mortgage, leaving the first as *834an existing lien. An application was then made by plaintiff for the appointment of a receiver for 120 acres of the tract, alleging that the defendant was insolvent, and that the remaining 40 acres of the tract…