Family Federal Savings & Loan Ass'n v. Paradise Ventures, Inc.

Based upon the authorities set forth below, it is my conclusion that the majority is in error in holding that the mortgage foreclosure court, namely, the Circuit Court for Lincoln County, had jurisdiction to determine the priority and validity of the receiver’s lien. These authorities hold that this jurisdiction is vested solely in the receivership court, here the Marion County Circuit Court. Bank v. Bryan, 76 W Va 481, 86 SE2d 8 (1915). See, 1 R. Clark on Receivers 413-14, 461-62, §§ 269, 289(a) (3d ed 1959).

The assets of the insolvent corporation, on appointment of the receiver, are in…