58 Neb. 469 | Neb. | 1899
In an action of foreclosure for the association in the district court of Dawes county there was a decree in its favor on August 18, 1896, by which -there was subjected to sale to apply in satisfaction of its mortgage lien thereon turn non-adjacent lots in the city of Chadron, on each of which there was a dwelling-house, one of which was occupied by Jessie Smith and was her statutory homestead. She was the owner of both lots which were included in the mortgage and" decree of foreclosure. Within the proper time she filed a request for stay of the execution of the decree, and soon thereafter for the association there was presented an application for the appointment of a receiver to take charge of the properties and collect the rents thereof. On hearing the court appointed a receiver for'the one lot but refused to make any
In the brief which was filed November 30, 1896, it was urged that this court should abandon the rule established in the opinion in the case of Eastman v. Cain, 45 Neb. 48, that applications similar to the one in this matter at bar should ordinarily be first made to the district courts wherein the actions were instituted. In the decision of the application herein to this court we again considered the advisability and propriety of the directions in regard to practice stated in Eastman v. Gain, and with approval. We may add that in any such case, if an appeal is taken from the order of the district court in the matter of the application for a receiver, the proceeding in this court will, on motion, be advanced for hearing and thus delay be avoided.
It was shown that the lot as to which the petition for a receiver was denied was the homestead of the mortgagor. For the association there was proof that the property was probably insufficient to discharge the mortgage debt, also that repairs were greatly needed and were not being made, that the taxes had not been paid, and the property had been sold for the delinquent taxes. On the established facts there was quite a strong showing for the relief asked, — the appointment of a receiver to collect the rents of the mortgaged property. One and of the main questions presented was, will a homestead, under the ordinary or any facts and circumstances, be placed in the possession and care of a receiver? It is stated in Waples, Homestead & Exemption 719, 720: “Under some circumstances, a receiver may be appointed, in an action
Affirmed.