Montgomery v. Merrill
California Supreme Court
Appeal from an order of the Superior Court of the county of Colusa directing a receiver to pay over moneys in his hands to the respondents. The order was made subsequent to the decree of foreclosure and the sale of the land. A receiver had been appointed under the provisions of section 564 of the Code of Civil Procedure; upon the petition of the mortgagee showing that the mortgaged land was not sufficient to satisfy the mortgage debt, and that the mortgagor was insolvent.
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Appeal from an order of the Superior Court of the county of Colusa directing a receiver to pay over moneys in his hands to the respondents. The order was made subsequent to the decree of foreclosure and the sale of the land. A receiver had been appointed under the provisions of section 564 of the Code of Civil Procedure; upon the petition of the mortgagee showing that the mortgaged land was not sufficient to satisfy the mortgage debt, and that the mortgagor was insolvent. The receiver had harvested and sold a crop grown upon the land, and held the proceeds of the sale. The sale of the land…
1Opinion of the CourtSharpstein, J.
It appears that the receiver took possession of the mortgaged premises and harvested and marketed a crop grown thereon, which had been planted, by the defendant. At the foreclosure sale the mortgaged premises did not bring a sum sufficient to satisfy the debt secured by the mortgage, and the plaintiff applied to the court for an order that the money realized from the sale of said crop should be applied to the payment of the deficiency. The application was resisted by the defendants, who made a counter-application to have said money paid to them. The plaintiff’s application was denied, and…
2Cited by8 opinions
- Simpson v. FergusonCalifornia Supreme Court · 1896
- Moncrieff v. HareSupreme Court of Colorado · 1906
- Locke v. KlunkerCalifornia Supreme Court · 1898
- Scott v. HotchkissCalifornia Supreme Court · 1896
- Wootton v. WhiteCourt of Appeals of Maryland · 1899
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