Lehman v. Heberle

KNIGHT, District Judge.

When the receivership herein began, one David W. Scribner, as executor of the will of John C. Scribner, deceased, held a mortgage upon certain real estate owned by the defendants herein. Such executor filed a claim in the receivership for $11,575, with interest from June 1, 1931, the full amount of the mortgage debt, asserting therein his right to the mortgage security. The order appointing the receiver in this action contained a provision enjoining all actions against the defendants above named.

Subsequent to the filing of his claim, the executor made an application to…