Larson v. Orfield

The defendant D. -J. Orfield appeals from an order of the district court of St. Louis county, made September 23, 3922, appointing a receiver in a foreclosure action.

During foreclosure and until title has passed by the expiration of the period of redemption the landowner, under usual circumstances, is entitled to the possession of the mortgaged land. This is the necessary effect of the statute. G. S. 1913, § 8077. A receiver in foreclosure may be appointed on recognized equitable grounds. The proceeding which results in taking the possession from the owner is harsh and if not strictly limited…