Legal Opinion

Paine v. McElroy

Supreme Court of Iowa

Decided October 22, 1887PublishedCited by 11 opinions

Appeal from Carroll District Court. Action' in equity. From the refusal of tbe county to appoint a receiver, tbe plaintiff appeals.

1Opinion of the CourtServers, J.

Tbe plaintiff commenced an action to foreclose a mortgage on real estate. Tbe mortgage, among other things, provides as follows: “It is agreed that, in case of default in any respect, so that this mortgage can be foreclosed, the rents and profits of said premises, as well before as after tbe sale on execution, are pledged to tbe payment of the moneys secured thereby, and that, on tbe commencement of an action to foreclose this mortgage, the .plaintiff shall be entitled to the appointment of a receiver, with the usual *82powers, to take and hold the rents and profits for the benefit of the…

2Cases cited1 opinion

  1. Myton v. DavenportSupreme Court of Iowa · 1879

3Cited by11 opinions

  1. First National Bank of Grand Meadow v. Security Trust & Savings Bank of Charles CitySupreme Court of Iowa · 1921
  2. Hakes v. NorthSupreme Court of Iowa · 1925
  3. Young v. StewartSupreme Court of Iowa · 1926
  4. Aetna Life Insurance v. BroekerIndiana Supreme Court · 1906
  5. American Investment Co. v. FarrarSupreme Court of Iowa · 1893

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