Appellate Division of the Supreme Court of the State of New York March 15, 1928 (Royal Indemnity Co. v. Franklin-Kellum Co.)

Motion for leave to appeal to the Court of Appeals granted and the following questions certified: (a) In a case where a foreclosure action is commenced by a second mortgagee holding a mortgage of $150,000 on an apartment house in the suburbs, appraised at $650,000 and a receiver of rents is appointed on the application of such second mortgagee, and later, the first mortgagee, although a defendant