The Legal Adviser; Monthly Law and Business Magazine Volume 2

The Legal Adviser; Monthly Law and Business Magazine Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ... 7 Sup. Ct. 841 The court. through its receiver, took possession of the rents in order to preserve them for that party to the suit who should ultimately be found to be equitably entitled to them. Hitz v. Jenks. 121$ U. S. 297, 306, 8 Sup, Ct. 143. The various reports of the receiver contained in the record, as to his payment of taxes. premiums of insurance. and the expenses of repairs on the building, show the necessity of his appointment. It would be grossly unjust. on the facts developed in this case, to appropriate the rents in the hands of the receiver to the use of Shepherd." Certainly no further citation of authorities is needed to show that the court below rightly held that the rentals of the property collected by the receiver were properly applied in the payment of taxes, insurance, and repairs, and that the balance in his hands of $282.68 should be applied in the repayment to the appellee of the money by it advanced to pay taxes and insurance, which. in efiect, is the meaning of the decree entered. The record shows that the appellee had advanced, in payment of taxes and insurance, a sum greater than all it had received, and which will not be fully repaid if it receives the balance in the hands of the receiver. This money was advanced and used to protect the property for the benefit of allinterested therein, and the appellee is clearly entitled to be reimbursed therefor. before any of the rental is paid to the mortgagors, whose duty it was to pay the taxes and insurance thus advanced by the appellee, and in this respect the rights of the appellant are not other or greater than those of the original mortgagors. The only other error assigned is based on the fact that the court included in the amount found due under the...
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Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • United States
  • English
  • black & white illustrations
  • 1236742052
  • 9781236742056