Pouder v. Tate

During the pendency of an action to foreclose a mortgage, executed by the appellant to the appellee, the latter procured the appointment of a receiver to take charge of the mortgaged premises and the rents and profits thereof pending the litigation. The appellee’s petition asking the appointment of a receiver stated facts showing that the mortgaged property was not of sufficient value to discharge the mortgage, prior encumbrances and taxes. The petition was sustained by affidavits filed in its support, and was opposed *331by affidavits filed in behalf of the appellant. Upon a question of fact…