INVESTORS SYNDICATE v. SMITH

No. 8881.

105 F.2d 611 (1939)

INVESTORS SYNDICATE et al. v. SMITH et al.

Circuit Court of Appeals, Ninth Circuit.

July 12, 1939.


Attorney(s) appearing for the Case

Verne Dusenbery and Herbert L. Swett, both of Portland, Or., Stephen H. Boyles, of Minneapolis, Minn., and Chas. W. Redding, of Portland, Or., for appellants.

S. J. Bischoff and Ralph A. Coan, both of Portland, Or., for appellees intervening creditors and trustee.

McCamant, Thompson, King & Wood, of Portland, Or., for appellee trustee.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.


HANEY, Circuit Judge.

The controversy here presents, broadly, the question as to whether the trustee of a debtor's estate is entitled to rents accruing on property owned by the debtor, or whether the mortgagees are entitled to such rents after default by the debtor where the mortgages cover the rents after default as well as the real property in Oregon.

The apartment house properties herein were all owned and mortgaged by persons or corporations prior to the...

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