Montgomery v. Merrill

Citations

• 65 Cal. 432
• 4 P. 414
• 1884 Cal. LEXIS 586

Syllabus

<p>Moetgage —Eobeolosuke—Receives—Gbowing Ceops.—A mortgage of land included “the rents, issues, and profits thereof.” In proceedings for foreclosure, a receiver was appointed under the provisions of section 564 of the Code of Civil Procedure. At a sale of the land; under foreclosure, the sum bid was insufficient to satisfy the mortgage. Held, that the mortgage was a lien upon a crop growing upon the mortgaged premises, and that the proceeds of its sale by the receiver should be applied to the payment of the deficiency.</p>