New York Court of Appeals

Eliza C. Hollenbeck, Respondents v. Barnard Donnell, Appellant

January 15, 188494 N.Y. 342

Summary

The Court of Appeals reversed the order appointing a receiver of the entire mortgaged premises, holding that the power to appoint receivers in mortgage cases persists under the Code of Civil Procedure and that a mortgagee without a specific pledge of rents and with only part of the debt due is not entitled to a receivership of the whole property, but only of the parcel sufficient to satisfy the debt.