Cantley v. Turner

This appeal grows out of an order distributing rents collected by a receiver in a real estate mortgage foreclosure. The court decreed that seven-twelfths of the rents collected by the receiver be paid to the plaintiff mortgagee and that five-twelfths of the rents be paid to the owner of the note given for the rent for the year in which the foreclosure proceeding had been brought, which note had been assigned to him by the mortgagor.

The foreclosure suit was filed December 9, 1932, and notice of lis pendens was filed the same day and recorded December 12, 1932. On February 23, 1933, the court…