Byrer v. AB Robbs Trust Company

STRUCKMEYER, Vice Chief Justice.

In this appeal A. B. Robbs Trust Company as plaintiff in the court below obtained a default judgment foreclosing certain notes and mortgages. Defendants here urge error arising out of these facts.

At the time Robbs Trust Company filed its complaint, an application was made for a receiver. Defendants’ attorney entered into discussions with plaintiff’s, attorney concerning the desirability of a receiver. These discussions culminated in an agreement that plaintiff would collect the rents and that no receiver would be appointed. Defendants’ counsel, believing that…