Wilkins v. Gannon

For convenience, Ga.nn.on will be referred to herein as plaintiff, and Wilkins as defendant.

The plaintiff recovered judgment against the defendant in the district court of Garfield county upon a note and foreclosing a mortgage on certain real property. A receiver ■ had been appointed to collect rents and profits arising from the mortgaged premises. The receiver was ordered to apply surplus collections on the indebtedness. On July 25, 1931, the receiver, in compliance with the order of court, gave plaintiff a check for $40 to be applied upon the indebtedness. The cheek was drawn on the…