Miners Savings Bank v. Thomas

Opinion by

Keller, P. J.,

The question involved in this appeal may be stated as follows: Where a mortgage conveys to the mortgagee the rents, issues and profits of the mortgaged real estate, and is in default, is a later judgment creditor of the mortgagor, who issues an attachment execution and serves the tenant as garnishee, entitled to the rents accruing after notice and demand by the mortgagee to the tenant to pay the rent to him, as mortgagee; particularly where no order has been made by the court on the sheriff to collect the rents for the attaching creditor, pursuant to Act of June 13,…