Article Text
BANKING DEPARTMENT WINS Supreme Court Says Bank Receiver Controls Mortgaged Property. The banking department won in supreme court Monday, when the tribunal held that where certain mortgaged property of an insolvent bank is already under the control and direction of the department of trade and commerce and has been appointed therefor, a court is without authority to another to the mortgaged property. It holds that the provisions the law the naming of a where mortgaged property is in danger of being materially injured and is insuffient to pay the mortgage debt are inapplicable, where such property with all other assets of an insolvent bank were in the hands of the receiver named to take charge of its affairs and such bank was then under the control and direction of the state department. Arthur A. Foreman, president and principal stockholder of the Farmers State bank of Overton, executed $20,000 mortgage on farm lands to W. A. Wells, the transaction being in essence loan to the bank. Wells brought foreclosure and the lower court named W. R. Smith as receiver several months after a receiver had been named for the bank. As this property was under the latter's control at the time the court says the trial court had no authority to name a second receiver.