From our private database of 14,100+ case briefs...
Dart v. Western Savings & Loan Association
Supreme Court of Arizona
438 P.2d 407 (1968)
Union Title Company (Union) was the trustee of a trailer park subject to a mortgage held by Western Savings and Loan Association (Western) (plaintiff). Union managed the property poorly, embezzled funds from the trust, and failed to pay the mortgage. William Dart (defendant), the residuary beneficiary of the trust, took possession of the trailer park. Dart began maintaining the trailer park properly and collected monthly rent. Western’s mortgage provided for assignment of rents as security and stated that if a foreclosure action was brought, a receiver “shall be appointed.” Western filed an action to foreclose the mortgage and appoint a receiver. Dart objected to the appointment of a receiver. Western acknowledged at trial that its security interest in the property was not in jeopardy now that Dart was managing the trailer park. The trial court appointed a receiver based on the terms in the mortgage. Dart appealed.
Rule of Law
Holding and Reasoning (Struckmeyer, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.