Smith v. Grilk

This is an appeal from a judgment in favor of the plaintiff in an action to foreclose a mortgage and is here for trial de novo. The question argued concerns only the rents during the period of redemption. It is the contention of the appellants that the mortgagor is entitled to the rents, while the respondent claims them under an assignment and contends that a receiver was properly appointed for the purpose of collecting rent during the period of redemption.

There is a motion by the plaintiff to dismiss the appeal. The basis of the motion is that the notice of appeal was not served upon the…