Val. Blatz Brewing Co. v. Walsh
Val. Blatz Brewing Co. v. Walsh
Opinion of the Court
This matter came before this court upon an application made by the complainant for the appointment of a receiver of the mortgaged jiroperty described in the bill of foreclosure pendente lite. The conceded facts in the case are, briefly stated, these: On the 14th day of August, 1806, the defendant Barge gave to the complainant a third mortgage upon the property in question, for (be sum of $18,123.10. At that time prior incum-brances existed on the tract in the sum of if,14,100. On the 18th day of October, 1897. the mortgagor defendant, made an assignment: of all his unexempt property to the defendant Matthew Walsh, as as-signee, under the laws of the state of Minnesota, and the defendant Walsh immediately qualified, and took possession of the insolvent estate under said deed of assignment, and now is, and has ever since acted as, such assignee, under the direction and management of the state district court in and for Hennepin county. On the 13th of November, 1897, an application was made, in an action then pending before said district court for a foreclosure of the second mortgage, for the appointment of a receiver of the mortgaged premises. The complainant herein was a party defendant to said foreclosure suit, and appeared in open court, and advised the appointment of such receiver at the instance of the second mortgagee. The said state district court, however, denied said application. Thereafter, on the 27th of November, 1897, the second mortgagee, in the matter of the assignment proceedings, made an application requiring the assignee to pay the taxes, insurance, and interest due on the first mortgage out of fhe rentals of the mortgaged property, and to fix the rental value of the property occupied by the assignee; and thereafter, on the 21st day of December, 1897, said district court made an order granting the application, directing the assignee to pay all delinquent taxes, and the necessary insurance and repairs, and fixing the rental value of that part, of the premises occupied by the assignee, and requiring him to keep separate account of the income and disbursements pertaining to* such property. The remainder of the application was de
Case-law data current through December 31, 2025. Source: CourtListener bulk data.