409. Effect of prior possession by receiver.

409.     Effect of prior possession by receiver.

If, at a time when the mortgagee wishes to go into possession, he finds a receiver appointed by the court in possession1, and the rights of prior incumbrancers have not been preserved, he must apply in the proceedings in which the receiver was appointed for the receiver's discharge and for liberty to take possession2; and the mortgagee is not entitled to rents collected by the receiver before the mortgagee's application to the court3. If, however, the existence of prior incumbrancers is known, the order is made