Hansen v. Cole

<p>Abstract of the Decision.</p> <p>1. Appeal and error, § 1206*—parties not entitled to reversal. A judgment or decree will never be reversed at the instance of a party whose rights are in no way injuriously affected thereby.</p> <p>2. Mortgages, § 738*—right to rents during period of redemption. The rents of mortgaged premises when not pledged as additional security belong to the owner of the equity of redemption until the expiration of the period of redemption, provided that where the debtor is the owner of the equity of redemption and there is a deficiency decree, or it is otherwise made to appear that the pledged premises are scant security, and there is a finding that the obligors are insolvent, a receiver may be appointed to collect the rents during the period of redemption, to be applied in payment of the deficiency decree that has been or may be entered.</p> <p>3. Mortgages, § 546*—when junior mortgagee not entitled to rents during period of redemption. A junior mortgagee made .a party defendant in a foreclosure proceeding, held not entitled on his cross-bill to a decree awarding him the rents of the premises during the period of redemption, where it appeared that his mortgage did not convey the rents as additional security, and the allegations of his cross-bill that the premises were scant security and the mortgagors were insolvent were not supported by any evidence, and there was no finding in the decree concerning them, and it also appeared the cross-bill was not filed until after the owner of the equity of redemption had conveyed his interest to another for a valuable consideration without assuming such junior mortgage.</p> <p>4. Receivers, § 20*—powers of. A receiver is an officer of the court and holds the funds in his hands for the benefit of the persons the court shall find are entitled thereto.</p> <p>5. Process, § 74*—when party cannot complain of defective service by publication. Objection by a party defendant that service by publication upon him was defective comes too late, where after a default decree was entered against him he filed his general appearance and obtained leave to file an answer and cross-bill and he was fully heard on the issues made by them, and it also appearing that the default decree was not confirmed until after seven years of litigation.</p> <p>6. Mortgages, § 716*—when cross-bill to redeem properly stricken. An amended cross-bill by a junior mortgagee to redeem from a foreclosure sale, held properly stricken from the files for the reason the right to redeem was barred by limitations, where it was filed without leave of court nearly seven years after he had entered his appearance in the case and filed his original cross-bill and more than seven years after the foreclosure sale.</p>