Waldron v. First National Bank
Nebraska Supreme Court
Error to the district court for Oass county. Tried below before Ramsey, J. Samuel M. Chapmcm: We submit it is an elementary rule of law that to obtain a receiver for mortgaged premises, during foreclosure proceedings, the grounds therefor must be full and clear, and two things must be made to appear: First, that the mortgaged premises are inadequate to satisfy the mortgage debt; second, that the debtors are personally insolvent.
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Error to the district court for Oass county. Tried below before Ramsey, J. Samuel M. Chapmcm: We submit it is an elementary rule of law that to obtain a receiver for mortgaged premises, during foreclosure proceedings, the grounds therefor must be full and clear, and two things must be made to appear: First, that the mortgaged premises are inadequate to satisfy the mortgage debt; second, that the debtors are personally insolvent. Unless these two facts are made to appear clearly, a court of equity will not interfere. Maxwell, PI. & Pr., p. 743; First Nat. Bank v. Gage, 79 111., 207; 2 Jones,…
1Opinion of the CourtSullivan, J.
This action was commenced in the district court of Cass county by the First National Bank of Greenwood to foreclose two real estate mortgages. At plaintiff’s instance an order was made, before judgment, appointing a receiver on the ground that the mortgaged property was probably insufficient -to discharge the mort*248gage debt. To secure a reversal of this order, the Waldrons, who were defendants below, prosecute error to this court. The assignments in the petition in error are as follows: “The court erred in finding ‘that the property in controversy (being the real estate herein in this petition…
2Cited by8 opinions
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- Sutton v. StateNebraska Supreme Court · 1957
- Federal Farm Mortgage Corp. v. GanserNebraska Supreme Court · 1945
- In Re SchoenleberDistrict Court, D. Nebraska · 1936
- Grieve v. HuberWyoming Supreme Court · 1928
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