Peters v. Bossmann

This is a case of foreclosure of a purchase-money mortgage on real estate, including the homestead. No defense was tendered to the action. The plaintiff asked for a receiver to collect the rents and profits pending the proceedings, and the court granted the motion and appointed a receiver to collect the rents and profits of the property, including the homestead. The order, however, provided that the mortgagor and family might retain possession and occupy the family residence. The mortgagor objected to the receivership as to the homestead forty acres.

From the complaint and supporting…