Gritz v. Swartz

Bigelow, Y. C.

These are three foreclosure cases. In each suit the owner occupies personally the whole or a part of the mortgaged premises; the complainant asks for a receiver and for an order directing the owner to pay rent or surrender possession; the security is entirely inadequate and the bondsman irresponsible. There are special equities arising from failure to pay taxes, need of repairs, &c.

The reluctance of the court to require an owner to pay rent is well stated by Vice-Chancellor Berry in Rehberger v. Wegener,, 107 N. J. Eq. 391; 152 Atl. Rep. 700. During the two years which have…