Havana State Bank v. Dikeman

Citations

• 98 Kan. 222
• 157 P. 1177
• 1916 Kan. LEXIS 51

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Foreclosure of Mortgage — Appointment of Receiver. Under subdivision 2 of section 266 of the code of civil procedure, a receiver may be appointed in an action to foreclose a mortgage on real property, where it appears that the mortgaged property is probably insufficient to discharge the mortgage debt.</p> <p>2. Same — Property Sold — Insufficient to Pay Debt — Mortgagee Entitled to Income'. Where a receiver has been appointed in an action to foreclose a mortgage on real property, and the property does not sell for enough to satisfy the mortgage debt, the plaintiff is entitled to the income from the property from the time of the commencement of the action until the sale of the property.</p>