Equitable Life Assur. Soc. v. McCartney

LINDLEY, District Judge.

The priginal suit for foreclosure of mortgage resulted in decree of foreclosure, sale, and a deficiency judgment against the mortgagor. The present controversy arises upon the petition of the grantee of the mortgagor to have the rents and profits collected by the receiver delivered to her. The receiver replies that said rents and profits are a part of the property mortgaged securing the debt of the mortgagee and are properly applicable upon the deficiency judgment. The facts are undisputed.

In 1925 one McCartney and wife, owners of 160 acres of land, mortgaged the same…