Pouder v. Catterson

This opinion, in which we all concur, was prepai’ed for the court by the late Judge Mitchell, and expresses the views and judgment of the court.

It appears that Robert Catterson was duly appointed receiver of the rents and profits of certain real estate in a suit by Warren Tate against Milton Pouder and others to foreclose a mortgage.

The receiver took possession of the land mortgaged and *435leased it to the appellant, who took possession and paid rent. Subsequently the receiver brought this action against the appellant to recover possession, alleging that by the terms of the lease the tenancy had…