Merritt v. Gibson

McBride', J. —

The question we are required to decide in this case is: When a mortgage on land has been foreclosed^ and the mortgaged land sold to the mortgage creditor on the decretal order, is he entitled, as against the owner of the equity of redemption, to the appointment of a receiver to take *156charge of such land, and collect and hold, subject to the order of the court, rents and profits accruing thereon during the year allowed for redemption thereof, on showing inadequacy of the security and insolvency of the debtor?

Appellant Adolphus E. Merritt owned, and, with his wife and co-appellant,…