Rodgers v. Oliver

The contending parties on this appeal are: (1) the plaintiff, a mortgagee, claiming, under a legally appointed receiver in a foreclosure proceeding, the 1923 rents and profits pledged by the mortgage to secure the debt; and (2) the defendant Manska, judgment creditor of the landlord and title holder, claiming, by virtue of an execution levy, the rents and profits in controversy.

The fighting issue has to do with the rents due the landlord under written-lease of the land under mortgage, and whether the right to said rent is in the plaintiff’s receiver or in the judgment creditor of the…