White v. Griggs
Supreme Court of Iowa
Appeal from Ilar&wb Gvromb Gourt. Action to foreclose a mortgage upon a farm, executed to the plaintiff by the defendant Edward Griggs, and for the appointment of a receiver to take charge of tlie mortgaged property, and apply the rents and profits in satisfaction of the debt.
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Appeal from Ilar&wb Gvromb Gourt. Action to foreclose a mortgage upon a farm, executed to the plaintiff by the defendant Edward Griggs, and for the appointment of a receiver to take charge of tlie mortgaged property, and apply the rents and profits in satisfaction of the debt. The ground for the application for a receiver as set up in the petition is that the mortgagor is insolvent; that the property mortgaged is insufficient security, and that the mortgagor has fraudulently disposed of his property with intent to prevent the collection of the debt. Eggert & Tlioren intervene, claiming to…
1Opinion of the Court
Adams, Cu. J.
i. receiver : crops! b ' The mortgagor had a light to the possession of the premises until the expiration of a year from the time of sale upon foreclosure. During that time he bad a right to the crops grown upon the premises.. The mortgagee had no more interest in them than he had in crops grown upon land not mortgaged to him.
The fact that a debtor has fraudulently disposed of property upon which the creditor had no lien does not give the creditor a right to a receiver to take possession of other property upon which he has no lien. lie can have a receiver only of property upon…
2Cases cited1 opinion
- Myton v. DavenportSupreme Court of Iowa · 1879
3Cited by7 opinions
- American Investment Co. v. FarrarSupreme Court of Iowa · 1893
- Clark v. RaymondSupreme Court of Iowa · 1892
- West v. ConantCalifornia Supreme Court · 1893
- Carlquist v. ColthaysUtah Supreme Court · 1926
- Gilbert v. BerrySupreme Court of Iowa · 1920
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