Citizens State Bank v. Beucher

The petition for foreclosure of the mortgage upon the real estate involved herein was filed May 4, 1936. A copy of the mortgage was attached to and incorporated in the petition. It did not pledge the rents and profits nor did it provide for the appointment of a receiver in the event of foreclosure. However, the petition asserted insolvency of the defendants, that they were committing waste and that the real estate was not worth the amount due on the mortgage. The prayer asked for the appointment of a temporary receiver upon the filing of the petition to collect the rents and profits until the…