Wright v. Case

Hr. Justice Gary

delivered the opinion of the Court.

This is an appeal from an order refusing to appoint a receiver of the rents of mortgaged property, after a sale under foreclosure, the proceeds of which sale were insufficient to satisfy the decree. The mortgagors sold the property, before the foreclosure suit was instituted, to one who assumed the payment of the mortgage, but died, and of whose estate there is shown neither executor nor administrator.

The mortgagors were served only by publication, and thus there is no party against whom a decree for the deficiency can be made; but the…