Benjamin N. Cardozo

“ An equity receivership within the meaning of the statute does not result from the appointment of a receiver for the collection of the rents in a suit to foreclose a mortgage. Duparquet, Huot & Moneuse Co. v. Evans, 297 U.S. 216, 56 S.Ct. 412, 80 L.Ed. 591. But here there was no receiver either for the collection of rents or for any other purpose. A mortgagee after condition broken under the law of Illinois is the owner of a legal estate, and as such entitled as of right to the possession of the mortgaged premises. ”

“ The District Court upheld that contention, denying a motion by petitioners, who had intervened in the proceeding to dismiss the application (In re Granada Hotel Corporation, 9 F.Supp. 909) ; and the Court of Appeals for the Seventh Circuit affirmed. ”