IN RE WAKEY

No. 4473.

50 F.2d 869 (1931)

In re WAKEY. CURTIS v. AMSLER.

Circuit Court of Appeals, Seventh Circuit.

June 29, 1931.


Attorney(s) appearing for the Case

W. I. Hibbs, Harold A. Butters, and A. E. Butters, all of Ottawa, Ill., for appellant.

Arthur H. Shay, of Streator, Ill., for appellee.

Before EVANS and SPARKS, Circuit Judges, and WILKERSON, District Judge.


EVANS, Circuit Judge.

This appeal involves a single question, the right of a mortgagee to receive the rents and profits collected by a trustee of the bankrupt estate of the mortgagor from the operation of a farm covered by the mortgage. The mortgage lien covered the "rents, issues and profits thereof," etc.

Mortgagor was duly adjudged a bankrupt when there was no default in the mortgage, either in interest or principal. The trustee in bankruptcy collected...

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