Smokey, Inc. v. Pany Investment Co.

WOLCOTT, Chief Justice.

This is an appeal from the grant of a preliminary injunction enjoining Smokey, Inc. (appellant) from interfering with Pany Investment Company’s (appellee) collection of rents from the tenants of Building “B”, one of eight apartment buildings comprising an apartment house complex owned by. Towne Point Apartments, Inc.

Pany is the holder of a second mortgage on the apartment complex. The mortgagor, Towne Point Apartments, was in default on its second mortgage payments since the mortgage was given. On September 1, 1970 the mortgagor consented to Pany’s entry into possession…