Smith v. Shaver

The opinion of the court was delivered by

Dawson, J.:

The question in this case is whether an insolvent judgment debtor may be deprived of the right of possession of his farm and of the rents and profits thereof during the period of redemption after the farm has been sold under a mortgage foreclosure.

The plaintiff was a judgment creditor of defendant. On her application a receiver was appointed to take charge of defendant’s property, which included an 80-acre farm. The receiver took charge of the farm, and while he was in possession, a bank which held a deed to the farm in the nature of a…