Belcher v. Aaron

Pending the prosecution of a suit to foreclose a mortgage, the defendant bank, as mortgagee, made ex parte application for and procured the appointment of the defendant Aaron as receiver. The mortgagor, who is not a party to the present action, thereafter moved to vacate the order appointing receiver and it was set aside within a month after its entry. Upon appeal, the vacating order was affirmed. (Hibernia S. & L. Soc. v. Ellis Estate Co., 132 Cal. App. 408 [22 Pac. (2d) 806].) Subsequently, a decree of foreclosure was entered, the property sold pursuant thereto and a deficiency judgment…