PRUDENTIAL INSURANCE CO. OF AMER. v. FIFTY ASSOCIATES

No. 73-1419.

503 F.2d 925 (1974)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellee, v. FIFTY ASSOCIATES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 1, 1974.


Attorney(s) appearing for the Case

James Powers (argued), of Powers, Boutell, Fannin & Kurn, Phoenix, Ariz., for defendant-appellant.

Phillip E. von Ammon (argued), of Fennemore, Craig, von Ammon & Udall, Phoenix, Ariz., for plaintiff-appellee.

Before BARNES and CARTER, Circuit Judges, and LINDBERG, District Judge.


OPINION

JAMES M. CARTER, Circuit Judge:

This case presents the question of whether the mortgagee (appellee) or the land owner-mortgagor (appellant) is entitled to the rents from the encumbered land, collected by a receiver, between the date of the filing of a foreclosure by the mortgagee and the date of foreclosure sale. We decide in favor of the mortgagee (appellee) and affirm.

This is the third go-around in the case of Fifty Associates v. The Prudential...

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