American Nat. Bank v. Northwestern Mut. Life Ins.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. From the record in this case it appears that on the 3d day of November, 1890, Susan M. and Daniel M. Mays, being the owners of certain lots in the city of Denver, Colo., executed a mortgage thereon to the Northwestern Mutual Life Insurance Company, to secure the payment of 875,000 in five years from the date of the mortgage.
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Appeal from the Circuit Court of the United States for the District of Colorado. From the record in this case it appears that on the 3d day of November, 1890, Susan M. and Daniel M. Mays, being the owners of certain lots in the city of Denver, Colo., executed a mortgage thereon to the Northwestern Mutual Life Insurance Company, to secure the payment of 875,000 in five years from the date of the mortgage. There was situated on the promises a four-' story brick building', the lower story being divided into store rooms, and the upper portion being used as an hotel, known as the “Gilsey House,”…
1Opinion of the CourtShiras, District Judge
In support of the proposition that the circuit court committed reversible error in appointing a receiver, counsel for appellant cite the cases of Teal v. Walker, 111 U. S. 242, 4 Sup. Ct. 420; Hazeltine v. Granger, 44 Mich. 503, 7 N. W. 74; Union Mut. Life Ins. Co. v. Union Mills Plaster Co., 37 Fed. 286; and Couper v. Shirley, 21 C. C. A. 288, 75 Fed. 168, — which hold the doctrine that a mortgagee has not a legal right to the possession of the mortgaged property until a completed sale upon foreclosure has been had, nor has he a right to the rents and profits until his legal right to…
2Cases cited12 opinions
- Dollar Savings Bank v. United StatesSupreme Court of the United States · 1874
- Teal v. WalkerSupreme Court of the United States · 1884
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
- Grant v. Phœnix Life InsuranceSupreme Court of the United States · 1887
- Hazeltine v. GrangerMichigan Supreme Court · 1880
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3Cited by7 opinions
- Moncrieff v. HareSupreme Court of Colorado · 1906
- Pacific Northwest Packing Co. v. AllenCourt of Appeals for the Ninth Circuit · 1901
- Verst v. Foreman-State Trust & Savings BankAppellate Court of Illinois · 1933
- Farmers Security Bank of Park River v. MartinNorth Dakota Supreme Court · 1915
- Elmira Mechanics' Society of New York v. StanchfieldCourt of Appeals for the Eighth Circuit · 1908
2 more not listed; retrieve them via the Exa API.