Skinner v. American State Bank

I dissent.

I would agree with the result in the majority opinion were it not for the fact that the land was transferred by the mortgagors to the plaintiff Gajewski subsequent to the time the mortgage and the assignment of future rents were given to American State Bank by the former owners, Mr. and Mrs. Skinner. It is established, as stated in the majority opinion, that no foreclosure of the mortgage has been commenced. The assignment of future rents is made operative only in case of default in the covenants, terms and conditions of the note and mortgage. There apparently was no default of…