Tweedy v. Johnston

The following opinion was filed June 2, 1936:

Rosenberry, C. J.

The motion was based upon an affidavit in which it was stated that the action was one to foreclose a ninety-nine-year lease upon certain property; that upon this property was a building which was partly located upon the property upon which Ethelinda T. Johnston gave a *304mortgage; that by agreement of the parties twenty per cent of the rents collected by the receiver had been paid to the plaintiffs; and set out facts upon which it based a claim that twenty-five per cent of the net rents secured from the building should be apportioned…