Southern Building & Loan Ass'n v. Carey
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western District of Tennessee. The bill in this case was filed in the circuit court by the Southern Building & Loan Association against Joseph P. Carey and Emma A. Carey, his wife, seeking the foreclosure of two trust deeds executed by said Carey and wife in favor of the appellant, one for $1,T00, and the other for $1,000, secured on certain premises belonging to Emma A. Carey.
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Appeal from the Circuit Court of the United States for the Western District of Tennessee. The bill in this case was filed in the circuit court by the Southern Building & Loan Association against Joseph P. Carey and Emma A. Carey, his wife, seeking the foreclosure of two trust deeds executed by said Carey and wife in favor of the appellant, one for $1,T00, and the other for $1,000, secured on certain premises belonging to Emma A. Carey. Among other allegations of the bill there was an averment that the taxes were unpaid, and upon an application to the court a receiver was appointed, with…
1Opinion of the CourtDay, Circuit Judge
This case presents the single question as to whether the court committed error in ordering the balance of rentals in the receiver’s hands to be paid to Emma A. Carey, instead of making application thereof upon the unpaid balance of the plaintiff’s decree. It is the claim of the appellant that a court of equity may, upon a showing of the insufficiency of the security for the payment of the mortgaged indebtedness, appoint a receiver for the purpose of reaching, not only the body of the premises mortgaged, but the rentals thereof as well. This is undoubtedly the practice of courts'of equity…
2Cited by3 opinions
- Southern Building & Loan Ass'n v. CareyU.S. Circuit Court for the District of Western Tennessee · 1902
- Elmira Mechanics' Society of New York v. StanchfieldCourt of Appeals for the Eighth Circuit · 1908
- Glennon v. WilcoxAppellate Court of Illinois · 1910