Goodhue v. Daniels

• Decision Date: 14 June 1880
• Citation: 6 N.W. 129,54 Iowa 19
• Parties: GOODHUE, RECEIVER, v. DANIELS.
• Court: Iowa Supreme Court

54 Iowa 19

6 N.W. 129

GOODHUE, RECEIVER,

v.DANIELS.

Supreme Court of Iowa.

Filed June 14, 1880.

Appeal from Linn district court.

In March, 1879, an action was commenced in the district court of Linn county, to foreclose a mortgage executed by one Wilson. It was asked that a receiver be appointed to take charge of the mortgaged property and collect the rents and profits. The defendant was made a defendant in that action and he filed an answer. A decree was afterwards duly entered, granting the relief asked, above mentioned. This action was afterwards brought, and it was alleged in the petition that the plaintiff had been appointed receiver, and directed to take charge of the mortgaged property, and collect the rents and profits thereof; that plaintiff qualified as such receiver, and attempted to collect the rents, but the tenants refused to pay the same to him because the defendant had obtained their notes therefor in advance of the rent becoming due. The amount of the notes, when due, and by whom given, was stated in the petition, and that plaintiff became entitled to an equitable lien thereon, and on the rents, from the time he was appointed receiver; that he demanded the same of the defendant, but he refused to account therefor; that defendant had a sheriff's deed to the mortgaged property, under and by virtue of a lien which was subsequent to the mortgage.

In the answer the defendant claimed plaintiff had duly qualified as receiver. Admitted he had a sheriff's deed to the premises under a lien junior to the mortgage. It was admitted he took notes from the tenants for the rent in advance of the same becoming due, and alleged the same were taken in pursuance of certain leases made and executed before the action to foreclose the mortgage had been commenced, and that said notes had been sold and transferred before the commencement of said action, and that the rents represented by said notes had been paid to defendant before that time; that at the time the leases were executed and notes given the defendant was in possession of the mortgaged premises. To the answer there was a demurrer, which was sustained, and a decree entered establishing a lien on said notes for the amount of rent found to be due plaintiff from the time he was appointed receiver, and directing defendant to deliver to plaintiff within 10 days such an amount of said notes as would equal the amount found due as aforesaid, and in case the defendant failed to deliver the notes as directed, that a general execution issue against him for the amount so adjudged to be due. The defendant appeals.James D. Giffin, for appellant.

Reckle, West & Eastman, for appellee.

SEEVERS, J.

1. The ground of demurrer in substance was that the defendant had failed to show any right to receive the rents which accrued after the appointment of a receiver. It is insisted the court erred in sustaining the demurrer, and rendering a...