First Trust Joint Stock Land Bank v. Merrick

On November 25, 1933, plaintiff filed its petition in foreclosure of a real estate mortgage.

Defendant L. E. Julius, owner of the premises, filed.his answer, alleging that on November 17, 1933, he leased the premises to Donald and Myrtle Blair for the year beginning March 1, 1934, and that on the same day he assigned said lease to W. P. McCulla, intervener, for a valuable consideration.

In answer to the petition of intervention by W. P. McCulla claiming the 1934 rents under the assignment thereof from Julius, the plaintiff alleged that such assignment, if there was an assignment, was colorable…