Page:Federal Reporter, 1st Series, Volume 8.djvu/768

i^i FEDERAL REPORTER, �was accming and becoming perfect. There is no apportionment of rent as to time, except.in special and diffeyept cases, and the right to this rent became perfect in him as receiver, and he is to be charged with the third of it as such, as if he had been receiver while it was fully accruing. No claim is made but that he should be charged with the one-third of the next year's rent, except that he was to have $500 for buying in the valid mortgage, which bas not been paid, and took the invalid mortgage and the conveyance of the homestead to secure the payment of that sum. The agreement to pay the $600 was made by Ellery K. AUin, son of the bankrupt. That agreement created no charge upOn the land or the rent,, for he had no right to charge either. The void mortgage created no rights in the hands of any one. The homestead right is now geparated from the land, and vested in the money set apftrt for4ti Jwhich is in court to be dispqsed of by decree. The receiyer bas no right left upon which he can stand to hold any of the rent but his mortgage. , Under tl;iat, as mortgagee in possession, he hasthe right to the rents of ,the mortgage preip^sps to apply on his mortgage debt. , He has no right to the rents, of any other lands for that purrpose, f ojr his rights in those respects all rest upon the mortgage»! and can extend only so far as the naprigage extends. He has.no right to them to pay any other debt, for the mortgage only securea the mortgage debt. No rent bas been received for any but the mortgage premises but for those two years. On account of the third 4uo to the part not cpvered by the mortgage, he is to be charged, for the first year, one-third of $300, which is $100.00 For the second year, one-thir(J of $250, which is ,; - - 83.33 ���Making - ;- . ', ; -, - ^,r -$183,33 �The report does not, showi that be has received interest ,on these sums, and there is no grpun^ apparent for charging him with in- terest. He is entitled to pay for his services, and expenses as allowed, which amount to $114.50. The amount paid for counsel fees appears to baye been paid for the maintenance of his individual rights as against th0 others represented by the receivership, and not in the assertions of the rights belonging to the receivership; there- fore, that item is not allowed. The balance in his hands is to be pajd into court, to be: disposed of by decree in the cause, It is $68.83; - '. , : . , ., , ^ ;, '^ /', �The report is accepted and coufirmed, the receiver isdecreed to pay into the regigtry of the court said sum of $68.83,within 20 days, and upon such payment he is discharged from his receivership. ��� �