Walters v. Graham
Supreme Court of Iowa
Appeal from Taylor District Court. — H. K. Evans, Judge. Foreclosure proceedings. No defense was interposed to the foreclosure proceeding proper. A receiver was appointed to take charge of the premises during the year of redemption and collect the rental of the premises; and from the order appointing a receiver, this appeal is taken. —
1Opinion of the CourtArthur, J.
— This is an action in equity, commenced in December, 1919, to foreclose a mortgage given to secure two notes, dated September 12, 1898, for $9,000. Interest was paid for one year, and, on August 14, 1919, $280 was paid on the principal. The appointment of a receiver to take possession of the mortgaged property and to collect the rents during the year of redemption was prayed for on three grounds:(1) On the provisions of the mortgage.(2) On the insolvency of the mortgagor.(3) That the mortgaged property was inadequate to satisfy the debt, and that the rents were in danger of being lost to…
2Cases cited8 opinions
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
- Bagley v. Illinois Trust & Savings BankIllinois Supreme Court · 1902
- Des Moines Gas Co. v. WestSupreme Court of Iowa · 1876
- Felino v. K. S. Newcomb Lumber Co.Nebraska Supreme Court · 1902
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3Cited by14 opinions
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- Prudential Insurance Co. of America v. PuckettSupreme Court of Iowa · 1933
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