Horn v. Lincoln Nat. Life Ins. Co.

Opinion by

RUTH, 0.

On June 8, 1923. the plaintiff, Lincoln National Life Insurance Company, filed its unverified petition against Ida R. Horn et al., wherein a foreclosure of a certain mortgage on real property was sought, and prayed a receiver be appointed to take possession of the land, to collect rents, royalties, income, etc. A copy of the mortgage was attached to plaintiff’s petition, and contained the following clause, covenant, or condition:

“That in the event of any default in payment or breach of any covenant or condition herein, the rents and profits of said premises are pledged to…