First Trust Joint Stock Land Bank v. Armstrong

In this foreclosure suit plaintiff declared upon a promissory note and real estate mortgage securing same. Claude S. Armstrong and wife, owners of the real estate and makers of the note and mortgage, are defendants. The remaining defendant is D. W. Bates, Receiver of Agency Savings Bank, hereinafter referred to as Bates, Receiver. He held a second mortgage on the same real estate. As part of relief sought plaintiff prayed for appointment of a receiver of the mortgaged premises. The defendants filed separate answers setting up as a de fense to plaintiff’s prayer for a receiver the claim that…