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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 202   View pdf image (33K)
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202 HANNAH K. CHASE'S CASE.—1 BLAND.

claims the whole, as a purchaser or by a superior title, if he suc-
ceeds, it eventuates that the appointment was entirely and exclu-
sively for his benefit. Lloyd v. Passing ham, 16 Ves. 59; Davis v.
Marlborough, 2 Swan. 125.

* But so far from such being the only kind of cases in which
214 a receiver has been appointed, they are in fact of the most
rare occurrence. Where the plaintiff was a mortgagee, or a credi-
tor suing in his own right alone, or for himself and other creditors,
whose claims might or might not cover the whole amount; Thomas
v. Dawkins, 3 Bro. C. C. 508; Bowersbank; v. Collasseau, 3 Ves.
165; Wilkins v. Williams, 3 Ves. 588; Hughes v. Williams, 0 Yen.
459; Bryan v. Cormick, 1 Cox, 422: Dalmer v. Dashwood, 2 Cox,
378; or where the object of the bill was to obtain a fair division of
the property and to have debts paid; Skip v. Harwood, 3 Art. 504;
or where the portions to which the contending parties would be
respectively entitled was uncertain until a division should be made
by the Court; or where one tenant in common took the whole rents
and profits to the exclusion of his co-tenant; if the merits of the
case required it, a receiver has been appointed and directed to
take charge of the whole estate. And at the instance of a plain-
tiff who claimed as a purchaser, such an appointment has been
made, even before answer, although it was urged in argument,
that a married woman, who claimed a life estate under a post-nup-
tial settlement, would be stripped by it of u her only means of de-
fence and subsistence." Melcalf v. Pulvertoft, 1 Ves. & Bea. 180.
It does not appear from any of the eases, that such an objection
as this now relied upon, has ever before been made by any one in
relation to the appointment of a receiver; and, consequently, it
cannot be regarded as of any weight whatever. I shall, therefore,
put a receiver upon this estate. But as no person has been nom-
nated by the parties for that office, I must let the selection of a
suitable person lay over until I hear from them.

Ordered, that a fit and proper person be appointed as a receiver;
as prayed by the complainant's petition, with full power and autho-
rity to enter upon and take possession of the messuage, and tene-
ment in the bill of complaint mentioned; and to take care of,
rent, or otherwise dispose of the same pending this suit, in such
manner as he may deem most advantageous to the parties inte-
rested therein, subject to the further order of this Court. And
also with full power and authority to demand, sue for and recover
any rent now due or which may hereafter become due for the same.
And for the faithful performance of the trust reposed in such per-
son to be appointed to act under this order, or which may be re-
posed in him by any future order of this Court in the premises,
* he shall give bond to the State of Maryland in the penalty
215 of ten thousand dollars, with surety or sureties to be ap-
proved by the Chancellor. The compensation of such receiver shall

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 202   View pdf image (33K)
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