A. Fink & Sons Co. v. John Huss Co.

The sole issue requiring decision in this cause is whether, under the circumstances here exhibited, the mortgagee’s right, if any, to receive and collect rents from the property encumbered by his mortgage, is paramount to the right of the plaintiff, as a judgment creditor of the owner of the mortgaged premises, to have a receiver appointed to receive and collect the rent from the property.

The facts have been stipulated. As stipulated they disclose the following situation: Plaintiff recovered a judgment of $316.31 plus costs from defendant corporation on September 21th, 1937. By virtue…