Legal Opinion

Oakford v. Robinson

Appellate Court of Illinois

Decided October 17, 1892PublishedCited by 13 opinions

Memorándum.—Mortgage foreclosure in chancery. Appeal from an order discharging a receiver and apportioning rents and profits rendered by the Circuit Court of Morgan County; the Hon. Cyrtjs Epler, Circuit Judge, presiding.

1Opinion of the Court

Opinion of the Court, the

Hon. Carroll C. Boggs, Judge.

The appellee, Robinson, held subject to the mortgage, and as his deed was not of record and he had not possession of the land, he can not complain that he ivas not made a party defendant to the foreclosure proceeding.

The rents and profits of the land, as well as the land, was pledged by the mortgage for the security and payment of the amount due the appellee. This authorized the appointment of a receiver, in the discretion of the court, without regard to the solvency of the mortgagor. 8 Arner. & Eng. Ency., page 234; 2 Jones on Mortgages,…

2Cited by13 opinions

  1. First National Bank v. Illinois Steel Co.Illinois Supreme Court · 1898
  2. Owsley v. NeevesAppellate Court of Illinois · 1913
  3. Townsend v. WilsonAppellate Court of Illinois · 1910
  4. Bogardus v. MosesIllinois Supreme Court · 1899
  5. Frank v. SiegelAppellate Court of Illinois · 1931

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