Locke v. Klunker

Holding

The court held that a trial court exceeds its authority under Code of Civil Procedure section 564 by appointing a receiver to take possession of and sell crops from mortgaged property when the mortgage instrument contains no provision granting a lien on rents, issues, or profits, and that the proceeds from such crops constitute assets of the estate to be administered by the personal representative, not applied to a deficiency judgment.