Fargo Building & Loan Ass'n v. Rice

Burke, Ch. J.

This is an action to enjoin the defendants from interfering with the mortgagee’s right to the possession of the mortgaged property.

It came on for hearing on an order to show cause why a temporary injunction should not issue, and after the hearing the trial judge held that “any contract made between mortgagor and mortgagee, giving the mortgagee . . . the right to collect the rents, is valid . . .” when the period of redemption is not involved. A temporary injunction was ordered. Thereafter, the case was tried on its merits and the trial judge held that “the demands of the…