Legal Opinion

Marshall & Ilsley Bank v. Cady

Supreme Court of Minnesota

Decided January 9, 1899No. Nos. 11,445—(101)PublishedCited by 6 opinions

Action in the district court for Ramsey county to foreclose a mortgage and for the appointment of a receiver. From a judgment in favor of plaintiff, entered pursuant to the findings and order of Otis, J., defendant Cady appealed.

1Per curiam

Assuming, without deciding, that an order appointing a receiver in foreclosure during the pendency of the action can be reviewed on appeal from the final judgment or decree, we are of opinion that, while the plaintiff did not present a very strong case, yet we could not hold that the court abused its discretion in appointing a temporary receiver. The affidavits presented would have justified the court in finding that the mortgaged premises were inadequate security; that the mortgagor was insolvent; that for four years taxes were unpaid and delinquent, for three of which the premises had been…

2Cited by6 opinions

  1. Nielsen v. HealdSupreme Court of Minnesota · 1922
  2. Donnelly v. ButtsSupreme Court of Minnesota · 1917
  3. Windom National Bank v. RenoSupreme Court of Minnesota · 1927
  4. Esch v. WhiteSupreme Court of Minnesota · 1901
  5. Adams v. SwanSupreme Court of Oklahoma · 1930

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