Legal Opinion

Elgin City Banking Co. v. Hancock

Appellate Court of Illinois

Decided August 2, 1913No. Gen. No. 5,806PublishedCited by 5 opinions

Appeal from the Circuit Court of DuPage county; the Hon. Mazzini Slusser, Judge, presiding. Heard in this court at the April term, 1913.

1Opinion of the CourtJustice Dibell

4. Mortgages, § 546*—who entitled to rents collected by receiver in foreclosure proceedings. Rents collected by a receiver and not needed to pay any deficiency after foreclosure sale belong exclusively to the owner of the equity of redemption though the mortgage or trust deed contains a provision that the rents or income accruing during the period of redemption shall go to the person entitled to a deed under the certificate of sale. 5. Mortgages, § 546*—when receiver cannot purchase outstanding title and claim rents. In a proceeding to foreclose a trust deed, a person occupying the position…

2Cited by5 opinions

  1. Walther v. StewardWyoming Supreme Court · 1939
  2. Powell v. VoightAppellate Court of Illinois · 1931
  3. Citizens State Bank v. GoebelAppellate Court of Illinois · 1937
  4. Liberty Loan Ass'n v. BosenAppellate Court of Illinois · 1927
  5. McKenerick v. LevinAppellate Court of Illinois · 1940

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