Hollenbeck v. . Donnell
New York Court of Appeals
Appeal' from order of the General Term of the Supreme Court, in the fourth judicial department, made January 9, 1883, which affirmed an order of Special Term, appointing a receiver of the rents and profits of the mortgaged premises, in an action for foreclosure. (Reported below, 29 Hun, 94.) The material facts are stated in the opinion. The rents and profits not having been specifically pledged in the mortgage, the order appointing the receiver was erroneous.
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Appeal' from order of the General Term of the Supreme Court, in the fourth judicial department, made January 9, 1883, which affirmed an order of Special Term, appointing a receiver of the rents and profits of the mortgaged premises, in an action for foreclosure. (Reported below, 29 Hun, 94.) The material facts are stated in the opinion. The rents and profits not having been specifically pledged in the mortgage, the order appointing the receiver was erroneous. (Code of Civil Procedure, §713; Edwards on Receivers [ed. 1857], 18; 25 Alb. L. J. 267.) The filing of a bill in foreclosure of itself…
1Opinion of the CourtRapallo, J.
The Court of Chancery exercised the power of appointing a receiver of the rents and profits of mortgaged premises, when they were an insufficient security and there was no adequate remedy upon the bond, long after the passage of the act of 1828, which provided that no action of ejectment should thereafter be maintained by a mortgagee, for the possession of the mortgaged premises. The point is now urged in the able and exhaustive brief of the counsel for the appellant, that under that statute and the decisions of the courts defining the respective rights of the mortgagor and mortgagee of real…
2Cases cited1 opinion
- Post v. DorrNew York Court of Chancery · 1845
3Cited by31 opinions
- Prudence Co. v. 160 West Seventy-Third Street Corp.New York Court of Appeals · 1932
- Decker v. . GardnerNew York Court of Appeals · 1891
- Copeland v. SalomonNew York Court of Appeals · 1982
- United States Trust Co. v. New York West Shore & Buffalo Railway Co.New York Court of Appeals · 1886
- Fletcher v. McKeonAppellate Division of the Supreme Court of the State of New York · 1902
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