McDermott v. Halliburton

The appeal is from an interlocutory order appointing a receiver in a pending cause. ■ The original bill was filed by the heirs at law of a deceased mortgagor, seeking the exercise of the equity of redemption of a mortgage on a large tract of land in Marshall county.

The bill (the sufficiency of which was not questioned) charged usury and improper or insufficient credits, and sought an accounting of the amount due. The answer denied the material averments, and disclosed that a few days-after the bill was filed the mortgage was foreclosed under the power of sale; the mortgagee becoming the…