Lathers Land Co. v. New York Life Insurance

This is an appeal from two interlocutory orders entered in a mortgage foreclosure case wherein the appellant who was defendant below,, contends that the chancellor should have sustained a motion to dismiss tJie bill and should have denied the appointment of a receiver for the mortgaged apartments.

The motion to dismiss was properly denied, because there was undeniably equity in the bill as a whole, and a general demurrer to it under the old practice would have been overruled, even in the face of the technical objections urged in •the motion to dismiss.

The order appointing a receiver should be…