WILLIAMSON v. WILSON.—1 BLAND. 381

WILLIAMSON v. WILSON.
RECEIVERS.—THEIR APPOINTMENT, DUTIES AND REMOVAL. — CREDITORS' SUIT.

The power to appoint a receiver is one of as great utility as any which be-
longs to the Court, and is well established upon reason and authority, (a)

Where there has been a breach of duty by a partner, or the firm has become
insolvent, and a partner is wasting, or threatens to make an improper
application of the funds, a receiver may be appointed before the coming
in of the answer.

A receiver is considered as an executive officer of the Court, bound so to
keep the property placed in his hands, that it may be easily traced, and
immediately produced when called for; and on his failing to do so. he,
or. on his death, his personal representatives may be proceeded against
in a summary way.

A partnership for a limited period may be dissolved before the expiration of
the specified time by death or insolvency.

A receiver is an officer of the Court. He is considered as truly and properly
the hand of the Court: but his appointment determines no right, nor
does it affect the title to the property in any way: it will not even pre-
vent the running of the Statute of Limitations, (b)

The holding of the receiver is the holding of the Court for him from whom
the possession was taken, and therefore should any loss happen it must
be borne by him from whom the property was taken, not by the party
at whose instance the receiver was appointed.

A receiver is never appointed before answer but upon strong special ground,
supported by affidavit. (c)

A motion to rescind an appointment is always heard on a short notice.

A receiver is in no case permitted to take charge of the property without
having first given bond with approved surety.

The Court always reluctantly interferes against the legal title; only in a case
of fraud clearly proved, and of imminent danger, (d)

A receiver will not be appointed when the matter in dispute depends on the
legalftitle, unless strong grounds are shown, and the rents aad profits
are in imminent danger, (e)

(a) See note (e} infra.

(6) Approved in EJlicott v. Ins. Co. 7 Gill, 320; Loney v. Penniman, 43 Md.
182: In re Colvin, 3 Md. Ch. 300, 303. See Ellicott v. Warford, 4 Md. 80, to
the same effect.

(c) Cited in Haight v. Burr 19 Md. 134.

(d) Approved in Furlongs. Edwards, 3 Md. 112; Thompson v. Diffenderffer.
1 Md. Ch. 493.

(e) Approved in Thompson v. Diffenderffer, Md. Ch. 493.

RECEIVERS.—1. Appointment. 2. Powers, duties and liabilities. 3. Suits
by and against. 4. Appeals.

1. Appointment.—The appointment of a receiver determines no right, nor
does it affect the title of either party in any manner. The receiver is the
mere officer of the Court, and his holding is the holding of the Court for the
party who may be entitled. He is appointed on behalf and for the benefit