Myers v. Brown

Backes, Y. C.

The question presented is: Is a mortgagee entitled to rents which had accrued but were unpaid at the time of the appointment of a receiver in foreclosure, as against a judgment creditor of the mortgagor? The facts are agreed upon and stipulated by counsel and they appear to be as follows:

The complainant filed his bill February 20th, 1917, to foreclose a mortgage on the Brookhurst Hotel, Atlantic City, executed to him by Mildred J. Brown in 1914. The mortgage includes, in addition to the land, the “rents, issues and profits thereof.” The property was sold and there is a large…