Fox

This is an appeal from an order appointing a receiver in an action for the foreclosure of a second mortgage. Coleman R. Flood, the owner of the property at the time of the institution of the action, is the sole appellant. The order was made upon the complaint as amended and affidavits introduced at the hearing.

The second mortgage was given to secure the payment of fifteen thousand dollars, and covers three lots in Venice, California, improved by a hotel building, together with the rents, issues, and profits thereof. The first mortgage is in the sum of twenty thousand dollars. The complaint, as amended, alleges the failure of the defendant mortgagors to perform the conditions of the mortgage, in that they have failed to pay interest due on the first mortgage amounting to $909.78, interest due on the second mortgage amounting to $262.50, five thousand dollars due on the principal under the terms of the mortgage, and delinquent taxes amounting to $233.62, together with a penalty thereon in the sum of $33.46. It also alleges the insolvency of the persons personally liable for the payment of the mortgage debt; and that the mortgaged property is insufficient to discharge the debt…