Legal Opinion

Donnelly v. Butts

Supreme Court of Minnesota

Decided May 18, 1917No. Nos. 20,154 — (36)PublishedCited by 9 opinions

Action in the district court for Ramsey county to foreclose a mortgage and for the appointment of a receiver. From an order appointing a receiver during the pendency of the action to foreclose the mortgage, Haupt, J., defendant appealed.

1Opinion of the CourtHolt, J.

In this action to foreclose a mortgage the court made an order appointing a receiver pendente lite to collect the rents from the mort*2gaged property and apply the same upon unpaid taxes and overdue interest on prior mortgages. Defendant appeals.

The court might well find that plaintiff’s security was inadequate and that the mortgagor was insolvent. But that in itself does not furnish a ground for the appointment of a receiver. Neither does there appear to be any substantial merit in the claim that defendant has failed to make necessary repairs. We have then only these facts upon which to base…

2Cases cited8 opinions

  1. Lowell v. DoeSupreme Court of Minnesota · 1890
  2. Marshall & Ilsley Bank v. CadySupreme Court of Minnesota · 1899
  3. Cullen v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1895
  4. Central Trust Co. of New York v. Chattanooga, R. & C. R.Court of Appeals for the Fifth Circuit · 1899
  5. Farmers' National Bank v. BackusSupreme Court of Minnesota · 1896

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Nielsen v. HealdSupreme Court of Minnesota · 1922
  2. Gardner v. W. M. Prindle & Co.Supreme Court of Minnesota · 1932
  3. Fidelity-Philadelphia Trust Co. v. WestSupreme Court of Minnesota · 1929
  4. Windom National Bank v. RenoSupreme Court of Minnesota · 1927
  5. Larson v. OrfieldSupreme Court of Minnesota · 1923

4 more not listed; retrieve them via the Exa API.

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