Baker

Plaintiff brings this action, as receiver in the foreclosure suit brought by the intervener against defendant Ellwood Varney, to recover possession of certain livestock, claimed to be rents, issues and profits of the mortgaged premises, for an accounting with defendants, and for an injunction to restrain defendants ■ from disposing of said livestock or dividing the same among defendants, and for general relief. Plaintiff had judgment. Defendant Mabel Varney moved for a new trial, and appeals from the order denying her motion. *377 There is no appeal by any other defendant, and no appeal from the judgment. Mabel Varney was made a defendant because she claimed to own the property the subject of the action. The court found that the property belonged to defendant Ellwood Varney, and that appellant at no time had any interest in it. A careful examination of the evidence convinces us that it justifies this finding. Whether the receiver was properly appointed, "and could, under his appointment, take possession of and hold the rents, issues and profits of the mortgaged land, and apply them to the payment of the mortgage debt, are questions which do not concern appellant in view of the…