Merritt v. Gibson

Dissenting Opinion.

Elliott, J. —

I can not assent to the conclusion that where mortgaged property is not of value sufficient to satisfy the judgment embodied in a decree of foreclosure the mortgagee may, upon showing that fact, have a receiver appointed to collect the rent during the year allowed for redemption, for I think that the mere fact that the mortgaged property is not of value sufficient to satisfy the judgment does not authorize the appointment of a receiver. I do not ■doubt that there may be cases where a receiver can be appointed, but I do believe that to justify the exercise of…