United States v. Queen's Court Apartments, Inc.

Good Law
288 F.2d 253·1961 U.S. App. LEXIS 4976
United States Court of Appeals for the Ninth CircuitMarch 29, 196117305_1California984 words

Opinion

Opinion

On December 30, 1960, the United States District Court for the District of Alaska rendered a judgment on a promissory note in the sum of $926,076.-31, including interest, in favor of the United States of America, appellant herein, and against Queen’s Court Apartments, Inc., a corporation, appellee herein.

The said judgment decreed that a certain real and chattel mortgage dated February 29, 1952, securing said note, was a valid and subsisting lien upon certain mortgaged premises described therein and situated in Fairbanks, Alaska; and decreed that said real and chattel mortgage be foreclosed, and that the mortgaged premises be sold and the proceeds of said sale applied to the satisfaction of appellant’s judgment.

The judgment of the district court, after decreeing foreclosure and sale, con tained the following additional paragraph :

On February 17, 1961, appellant filed a motion in the district court for the appointment of a receiver to take possession of the subject property of the action, together with the rents, issues and profits thereof, and the fixtures, appurtenances and all related facilities in connection therewith, and to manage, rent, lease, repair, maintain and…

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