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IN RE VAN ROOY

No. 39142.

21 F.Supp. 431 (1937)

In re VAN ROOY.

District Court, N. D. Ohio, E. D.

December 2, 1937.

Attorney(s) appearing for the Case

Harry Kaplan, of Cleveland, Ohio, trustee.

Joseph G. Ehrlich, of Cleveland, Ohio, for trustee.

Charles L. Kaps, Dist. Counsel, and Jerome W. Moss, Asst. Dist. Counsel, both of Cleveland, Ohio, for Home Owners' Loan Corporation.

William J. Shaver and Leo Ulmer, both of Cleveland, Ohio, for bankrupt.

WEST, District Judge.

The H.O.L.C. mortgage did not convey the rents of the real estate, but provided: "Upon default * * * it shall be lawful for the second party at the option of the said second party, to enter into and upon the real estate hereby granted or any part thereof, and to receive all rents, issues and profits thereof, and if any proceeding shall be brought to foreclose this mortgage or to collect the principal and interest * * * the court may upon application...

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