J. M. Overell Furniture Co. v. Superior Court

Ethel K. Patterson commenced an action in the superior court against Clarence H. Patterson and Monnie Blackburn for the purpose of recovering certain real property which Patterson had conveyed to Mrs. Blackburn. The recovery was sought on the ground of fraud. The property consisted, in part, of an apartment house, the furniture and some other equipment of which were the property of the J. M. Overell Furniture Company, the petitioner in this proceeding. This personal property had been under lease from the petitioner to Patterson, the lease containing provision for a transfer of title by the petitioner upon the completion, by Patterson, of the payment of a certain total sum in rents. Patterson had assigned the lease to Mrs. Blackburn and the petitioner had consented to the assignment, Mrs. Blackburn agreeing to make the payments of rental called for by the lease.

A receiver was appointed in the action commenced by Mrs. Patterson, the order of appointment requiring the officer to take possession of the real property which was the subject of the action, “to collect the rents thereof, ... to pay out of said rents and income any and all expenses connected with the said real property or…