Hager v. Wilson

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by C. S. Hager against the defendants to recover $8,450 as damages alleged to have been sustained by reason of the invalid appointment of a receiver, who took possession of plaintiff’s property. It *128appears that a receiver was appointed by the probate judge in a foreclosure proceeding begun on September 17, 1917, and a judgment by default was rendered by the district court on February 5, 1918, for $13,178.10, in which a mortgage was foreclosed and a sale of the property ordered. The mortgaged property was sold on…