First Savings Bank & Trust Co. v. Stuppi

STONE, Circuit Judge.

This is an appeal from a decree in the bankruptcy matter of Jose Garcia y Ortega. It is the second appearance of this litigation in this court. The bankrupt had executed a mortgage, securing the payment of a note to appellant. A balance being overdue thereon, appellant began foreclosure in the state court. In pursuance of a clause in the mortgage, it applied to that court for the appointment of a receiver to take charge of the property pending foreclosure and to pay over to it the net income therefrom. The application for a receiver in the state court was made the day…