Scott v. Hotchkiss

Citations

• 115 Cal. 89
• 47 P. 45
• 1896 Cal. LEXIS 977

Syllabus

<p>Mortgage—Stipulation for Receiver Pending Foreclosure—Rights of Bona Fide Tenant in Growing Crops—Collection of Rent.— Where a mortgage upon farming land contained a stipulation for the appointment by the court of a receiver to take possession of the mortgaged premises during foreclosure of the mortgage; and to collect the rents and profits until the premises should be redeemed from such sale, or until title should be vested in the purchaser, but was not accompanied by an affidavit as required in mortgages of growing crops, and was not recorded or indexed as a chattel mortgage, the court cannot, under such stipulation, authorize a receiver to take possession of a growing crop pending foreclosure as against a tenant of the mortgagor who took possession under a lease without actual knowledge of such stipulation, and where such lease reserved a fair and adequate rent, which represents the value of the use and occupation of the land. The authority of the receiver must be confined to the receiving of such rent from the tenant in possession.</p> <p>Id.—Effect of Stipulation—Jurisdiction to Appoint Receiver.—The stipulation in the mortgage that a receiver may be appointed and directed to take possession and collect the rents and profits, enlarges the rights of the mortgagee as against the mortgagor, and a purchaser from the mortgagor is in no better position in regard to this matter than the mortgagor; but where the mortgage does not give, the mortgagee an interest in the growing crop, or in the rents and profits, it seems that a stipulation for a receiver cannot affect the rights of others, or authorize a court of equity to appoint a receiver in a case where the court has no such authority given by law.</p> <p>Id.—Insufficient Security of Mortgage—Receiver of Rents—Extent of Authority.—Where the complaint for the foreclosure of a mortgage avers that the security is insufficient, the court is authorized to appoint a receiver to take and hold the rents and profits to sec