Hyman v. Kelly
Nevada Supreme Court
Appeal from the District Court of the Eirst Judicial District of the State of Nevada, Storey County, Hon. Richard RisiNG presiding. The facts of the cáse are stated in the opinion of the Court. Points of Appellants. There are two reasons why the Court should have appointed a receiver. First — To collect the rents. Second — To make repairs and prevent waste. The purchaser at Sheriff’s sale is entitled to the rents and profits.
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Appeal from the District Court of the Eirst Judicial District of the State of Nevada, Storey County, Hon. Richard RisiNG presiding. The facts of the cáse are stated in the opinion of the Court. Points of Appellants. There are two reasons why the Court should have appointed a receiver. First — To collect the rents. Second — To make repairs and prevent waste. The purchaser at Sheriff’s sale is entitled to the rents and profits. A bill in equity in such case as this, is the only proper method of enforcing his rights. (See Harris v. Reynolds, 13 Cal. 511; See also McDevitt v. Sullvocm, 8 Cal.…
1Concurrence
Opinion by
Beatty, J., Lewis, C. J.,
concurring.
In June, 1863, J. ~W. Kelly, being the owner of certain city property in Virginia, Storey County, he and Bridget Kelly executed a mortgage thereon to John Kelly. In August, 1863, they executed a second mortgage on the same property to H. Myers and Israel Solomon. In September, 1863, J. W. Kelly entered into a written contract under seal with Myers, one of the second mortgagees, by the .provisions of which Myers was to enter into possession of the mortgaged premises, lease them and collect the rents, and apply them as provided *182for under the…
2Cases cited3 opinions
- Howell v. RipleyNew York Court of Chancery · 1843
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- Astor v. TurnerNew York Court of Chancery · 1845
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- McMillan v. United Mortgage Co.Nevada Supreme Court · 1966
- Lowell v. DoeSupreme Court of Minnesota · 1890
- Moncrieff v. HareSupreme Court of Colorado · 1906
- Keever v. Nicholas Beers Co.Nevada Supreme Court · 1980
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