White v. Griggs

• Court: Iowa Supreme Court
• Writing for the Court: ADAMS, CH. J.
• Citation: White v. Griggs, 54 Iowa 650, 7 N.W. 125 (Iowa 1880)
• Decision Date: 22 October 1880
• Parties: WHITE v. GRIGGS ET AL

7 N.W. 125

54 Iowa 650

WHITE v. GRIGGS ET AL

Supreme Court of Iowa, Des Moines

October 22, 1880

Appeal from Hardin Circuit Court.

ACTION to foreclose a mortgage upon a farm, executed to the plaintiff by the defendant Edward Griggs, and for the appointment of a receiver to take charge of the mortgaged property, and apply the rents and profits in satisfaction of the debt. The ground for the application for a receiver as set up in the petition is that the mortgagor is insolvent that the property mortgaged is insufficient security, and that the mortgagor has fraudulently disposed of his property with intent to prevent the collection of the debt. Eggert & Thoren intervene, claiming to have a chattel mortgage upon the crops. The court rendered judgment for the amount due and a decree of foreclosure, and appointed a receiver to take possession of the premises and crops thereon. To the order appointing a receiver the defendant Griggs and the intervenors excepted, and now appeal.

REVERSED.

Scales & Ivey, for appellants.

M. W Anderson, for appellee.

OPINION

ADAMS, CH. J.

The mortgagor had a right to the possession of the premises until the expiration of a year from the time of sale upon foreclosure. During that time he had a right to the crops grown upon the premises. The mortgagee had no more interest in them than he had in crops grown upon land not mortgaged to...