Roos v. Silk Mills (B. Co. Tr. Co.)

Opinion by

Mr. Justice Linn,

On the distribution of the proceeds of the judicial-sale of mortgaged property, the first and second mortgagees differed as to the date to which the appellant first mortgagee should receive interest, the fund not being sufficient to pay both creditors in full. The mort gaged property had been sold, clear of liens, in a receivership proceeding, by an order of November 10, 1934, approving an agreement of sale for a sum payable in installments beginning March, 1935, with interest at 6%. The final payment was made September 1, 1936. When the receiver’s account came in,…