Bean v. Heron
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Egan, J., appointing a receiver. A receiver will not be appointed where a creditor has a complete, prompt, and efficient remedy at law. Where there is a default on a mortgage, but it is clear that a foreclosure and sale will realize enough to pay the debt, a creditor will be left to his proceedings at law without the intervention of a receiver. 20 Am. & Eng. Enc.
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Appeal by defendant from an order of the district court for Ramsey county, Egan, J., appointing a receiver. A receiver will not be appointed where a creditor has a complete, prompt, and efficient remedy at law. Where there is a default on a mortgage, but it is clear that a foreclosure and sale will realize enough to pay the debt, a creditor will be left to his proceedings at law without the intervention of a receiver. 20 Am. & Eng. Enc. Law, 275, 277, 500; High, Rec. §§ 310, 403; Rice v. St. Paul & Pac. R. Co., 24 Minn. 464; Thayer v. Swift, Harr. (Mich.) 430; 1 Jones, Mortg. § 162; 6 Am. &…
1Opinion of the CourtMitchell, J.
This action was commenced and prosecuted to-final judgment upon a note which was secured by a mortgage on real estate which has not been foreclosed. Execution was issued' to the sheriff of the county where the defendant resided, and duly returned wholly unsatisfied. The defendant was then brought up on supplementary proceedings and examined concerning his property, and upon the close of such examination the judge made an order appointing a receiver of the defendant’s property not exempt from execution, and restraining any transfer or other disposition thereof until the further order of the…
2Cases cited3 opinions
- Tucker v. McDonaldMassachusetts Supreme Judicial Court · 1870
- Flint v. WebbSupreme Court of Minnesota · 1878
- Towne v. CampbellSupreme Court of Minnesota · 1886
3Cited by10 opinions
- First National Bank v. FlynnSupreme Court of Minnesota · 1933
- Winne v. LahartSupreme Court of Minnesota · 1923
- Cashen v. OwensSupreme Court of Minnesota · 1947
- Schmid v. BallardSupreme Court of Minnesota · 1928
- Poppitz v. RognesSupreme Court of Minnesota · 1899
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