Nick v. Holtz

In the final findings, which are unquestioned on this appeal, the court found that when the plaintiff was appointed receiver of Mulick’s assets, he was the owner of the property in question; that title passed to the receiver who' became entitled to- possession thereof; and that the defendant unlawfully took and detained the property. No counterclaim or other pleading was filed by defendant for affirmative relief and there is no basis therefor in the court’s findings upon which the court concluded that the receiver was entitled to judgment for the return of the property. In sustaining the…