Bancker v. Hitchcock

1 Sarat. Ch. Sent. 88

Opinion

In this case the chancellor decided that to entitle the complainant in a foreclosure suit to a receiver of the mortgaged premises, he must not only show that the party who is personally liable to him for the payment of the mortgage debt is irresponsible, but he must also show that the mortgaged premises, upon a sale thereof, will not probably produce sufficient to pay the debt and costs. * Application for receiver denied, with costs to be taxed.