Page:Federal Reporter, 1st Series, Volume 8.djvu/767

IN BK ALLIN. 763 �In re Allin, Bankrupt. �(District Court, D. Vermont. September 6, 1881.) �1. Rbceivbbs— AocouNTOia. �A receiver pf lands, on a part of which he holds a mortgage with condition broken, must account for rent issuing out of such part as "was not covered by his mortgage, where he rents them for a term which did not expire until after his appointment, and before his appointaient recoives the rent, which was pay- able in adyance, for the full tenn. �In Bankruptcy. / �Whebleb, 1>. J. This cause has been submitted upon the report of the register, to -whom was referred the matter of the account of Henry L, Tilton, receiver. Upon this part of the case the reoeiver's account only is to be settled. What he has received on aceount of the property of which he was made receiver, and what he is entitled to retain in his own right, are to be ascertained, and the difference is to be paid into court, to go to whomsoever it may be decreed to belong. He wa,s made receiver of lands, part of which was covered by a mort- gage with condition broken, held by him, and part not. He had claimed the whole by an invalid subsequent mortgage, and rented them at $300 for a year, which had not espired, but the rent had become due and been paid when he was appointed receiver. He rented them the next year at $250, and has collected two-thirds of that rent. One-third of these sums was due to what his mortgage did not cover, and the other two-thirds to what it did cover. The bankrupt had a hoinestead right in the part which the mortgage covered, and with his wife conveyed it to the receiver. These premises have been sold free of the homestead right, but subject to the mort- gage, and $500, representing that right, have been paid into court. He has leased these premises since that sale and received rent. He claims that he is not chargeable at all as receiver for the rent received before he was made receiver, for the year during which he was ap- pointed receiver ; that rent was received for the whole year, and not for a part expiring at or before the rent was paid. It issued out of the land and was the product of the whole year, and appears to have been paid so much in advance as security, and not because it had fully accrued. When so paid it was in Tilton's hands in trust until accrued. Had the lessee been evicted by title paramount to Tilton's, doubtless the rent so advanced could have been recovered back. Tilton was appointed receiver while his right to that rent in his hands V.8,no.l0— 48 ��� �