Equitable Savings & Loan Ass'n v. Anderson

Citations

• 113 Wash. 420
• 194 P. 387
• 1920 Wash. LEXIS 852

Syllabus

<p>Mortgages (186, 187) — Foreclosure—Receivers — Appointment. In an action to foreclose a mortgage, it is error to appoint a permanent receiver to take possession of tbe property, where there is no danger of the property being “lost, removed or materially injured,” under Rem. Code, § 741.</p> <p>Same (58) — Priority oe Other Claims — Prior Lease. A lease has priority over a mortgage where it was executed and recorded nearly a month before the mortgage was executed.</p> <p>Same (186, 187) — Foreclosure—Receiver—Appointment. Where mortgaged property, subject to a prior lease, is in possession of no one, and the property was no more than sufficient to pay the mortgage, a receiver may be appointed to collect the rents.</p>