Fidelity Mortgage Co. v. Mahon

It is now claimed by the second mortgagee that the language quoted gave to him a specific lien upon the rents and profits arising from the mortgaged property, and by virtue thereof he is entitled to the same as against the general lien of the first mortgagee.

After a condition is broken the mortgagor is entitled to rents and profits so long, as he retains possession. A mortgagee, however, after bringing an action in foreclosure and by making to the court such showing as is required by section 11894, General Code, has a right to have a receiver appointed for the property, and this receiver by…