Ferrara v. Genduso

Citation216 Ind. 346, 24 N.E.2d 692
Case DateJanuary 15, 1940
CourtSupreme Court of Indiana

OPINION TEXT STARTS HERE

Action by Tony Genduso against Joseph Ferrara and wife, on a note and for foreclosure of a real estate mortgage, wherein judgment was rendered for plaintiff, the mortgaged property was sold by the sheriff, and a receiver was appointed for part of the real estate during the redemption period. From a judgment overruling defendants' petition to require receiver to account to them, petition for removal of receiver, objections to his final report, and a motion for a new trial, defendants appeal. Transferred from Appellate Court under Burns' Ann.St.1933, § 4-218.

Affirmed.Appeal from Superior Court, Lake County; Homer E. Sackett, judge.

McGuire, Alexander & Graves, of Gary, and John D. Kennedy, of East Chicago, for appellants.

Everett J. Fletcher, F. J. Wiltrout, and Ray C. Thomas, all of Gary, for appellee.

SHAKE, Chief Justice.

The appellee Genduso obtained a judgment against the appellants on a promissory note and for the foreclosure of a real estate mortgage given to secure the same. Pursuant to the decree, the mortgaged property was sold by the sheriff and brought less than the amount of the judgment. Subsequently, and while the year for redemption was running, the court appointed a receiver for a part of the real estate upon a showing that the appellants were insolvent. The receiver was directed to collect the rents and profits and apply the proceeds upon the delinquent and current taxes. During the receivership $501.50 was collected, $215.99 of which was paid out for taxes, insurance, repairs, and utility service, leaving $285.51 on hand when the receiver filed his final report. The court allowed the receiver and his attorney $175 for their services and directed the remainder to be applied, first, to the payment of the costs, and, secondly, to the deficiency judgment.

The appellants resisted the appointment of a receiver but did not appeal from the order. While the receivership was pending they filed in succession, a petition to require the receiver to account to them for the rents and profits collected by him; a petition for the removal of the receiver; and objections to his final report. These various pleadings were all predicated upon the theory that the order appointing the receiver was improper because the appellants were in possession of the real estate at the time the receiver was appointed and because the property was...

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4 cases
  • Marshall v. State, 28408.
    • United States
    • Indiana Supreme Court of Indiana
    • February 3, 1949
    ...at page 301, 123 N.E. at page 209.Wisconsin Nat. Life Ins. Co. v. Meixel, 1943, 221 Ind. 650, 654, 51 N.E.2d 78;Ferrara v. Genduso, 1940, 216 Ind. 346, 348, 24 N.E.2d 692. We also note that the prosecuting attorney of Wayne County and his deputy followed the case to Randolph County and were......
  • Marshall v. State, 28408.
    • United States
    • Indiana Supreme Court of Indiana
    • February 3, 1949
    ...page 301, 123 N.E. at page 209. Wisconsin Nat. Life Ins. Co. v. Meixel, 1943, 221 Ind. 650, 654, 51 N.E.2d 78; Ferrara v. Genduso, 1940, 216 Ind. 346, 348, 24 N.E.2d 692. We also note that the prosecuting attorney of Wayne County and his deputy followed the case to Randolph County and were ......
  • Anthrop v. Tippecanoe School Corp., 3--1272A99
    • United States
    • Indiana Court of Appeals of Indiana
    • May 9, 1973
    ...911, this court said, in speaking of discretion of the trial courts in a quote from the case of Ferrara et ux. v. Genduso et al. (1940), 216 Ind. 346, 348, 24 N.E.2d ". . . 'The presumption in favor of correct action on the part of a trial court is one of the strongest presumptions applicab......
  • Ferrara v. Genduso, 27327.
    • United States
    • Indiana Supreme Court of Indiana
    • January 15, 1940
    ...24 N.E.2d 692 216 Ind. 346 FERRARA et ux. v. GENDUSO. No. 27327.Supreme Court of IndianaJanuary 15, Appeal from Superior Court, Lake County; Homer E. Sackett, judge. McGuire, Alexander & Graves, of Gary, and John D. Kennedy, of East Chicago, for appellants. [216 Ind. 347] Everett J. Fletche......

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