Cortleyeu v. Hathaway

The Chancellor.

This is an application, on behalf of the complainants, for the appointment of a receiver of the rents and profits of mortgaged premises. There are four mortgages on the premises in question. The complainants hold the fourth and last mortgage, and upon their bill filed in this cause a decree pro confesso has been taken against the defendants. A master has reported the amount *41due upon the several mortgages, and a decree for sale has been made.

I am not willing to adopt the rule as laid down in Warner v. Gouverneur’s Executors, 1 Barb. S. C. R. 38. In that case, Edmonds, Justice,…