Farmers Union Jobbing Ass'n v. Sullivan

The opinion of the court was delivered by

Hutchison, J.:

The question here involved is whether a judgment creditor is entitled to the rents, and profits of the judgment debtor’s property under garnishment proceedings as against a mortgagee to whom the rents and profits had previously and conditionally been assigned in the note and mortgage when executed, where no proceedings had been commenced to foreclose the mortgage or to have a receiver appointed to collect the same. The trial court-held in favor of the mortgagee because of the prior assignment of the rents by the owner to the mortgagee, as…