Gaynor v. Blewett
Wisconsin Supreme Court
■ APPEAL from the Circuit Court for Winnebago County. This action was for the foreclosure of a mortgage, and notice of the pendency of it was filed May 26, 1887. Final decree of foreclosure and sale was entered at the May term, 1891, and an order was made on the 5th of May, 1891, appointing one Hughes receiver of the mortgaged premises, directing him to take possession thereof, manage and control the same, and have, collect, and receive all the rents, issues, and profits…
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■ APPEAL from the Circuit Court for Winnebago County. This action was for the foreclosure of a mortgage, and notice of the pendency of it was filed May 26, 1887. Final decree of foreclosure and sale was entered at the May term, 1891, and an order was made on the 5th of May, 1891, appointing one Hughes receiver of the mortgaged premises, directing him to take possession thereof, manage and control the same, and have, collect, and receive all the rents, issues, and profits arising or growing out of the estate, and to take charge of it during the pendency of the action and until the further…
1Opinion of the CourtPmsrBT, J.
The rents and profits of lands are not pledged by a mortgage of the lands merely, but belong to the owner of the equity of redemption until the court, for equitable reasons, shall appoint a receiver to collect them for the benefit of the mortgagee, or directs the receiver to take possession of the mortgaged premises and the rents and profits of the same, to the end that the rents realized may be applied to the payment of any deficiency that may *315remain unpaid after applying the proceeds of the sale of the mortgaged premises; and whatever is not needed for that purpose is to be paid to the…
2Cases cited6 opinions
- Howell v. RipleyNew York Court of Chancery · 1843
- Argall v. . PittsNew York Court of Appeals · 1879
- Rider v. . BagleyNew York Court of Appeals · 1881
- Syracuse City Bank v. TallmanNew York Supreme Court · 1857
- Johnston v. RiddleSupreme Court of Alabama · 1881
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3Cited by18 opinions
- Young v. StewartSupreme Court of Iowa · 1926
- Grether v. NickWisconsin Supreme Court · 1927
- Deming Investment Co. v. Bank of JudsoniaSupreme Court of Arkansas · 1926
- United States v. Klebe Tool & Die Co.Wisconsin Supreme Court · 1958
- Boteler v. LeberNew Jersey Court of Chancery · 1933
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