70 HIGH COURT OF CHANCERY

BENJAMIN S. CLARK ET AL. )

vs. SEPTEMBER TERM, 1847.
CHARLES G. RIDGELY ET AL.3

RECEIVER.]

A RECEIVER, in strictness, should not be appointed before the coming in of the
answers; and, although this rule has been broken through, yet the grounds
which will induce the court to disregard it, must be very strong and special.

A receiver will not be appointed unless it appears that such a measure is re-
quired to preserve the property from danger of loss.

When an application by btll or petition is made to the court to appoint a re-
ceiver, a sufficient foundation must be laid by stating the fact, which will au-
thorize the interference of the court, in this form.

When a bill sets forth the complainants' title, and stated that a party had
wrongfully taken possession of the property, but did not state that such party
was insolvent or unable to account for the same, or that the rents and profits
were in danger of being lost, the court refused to appoint a receiver.

[The bill in this case stated that Sater P. Walker, by deed
of the 29th of October, 1830, conveyed a certain lot of ground
in the city of Baltimore to John W. Osgood, (believed to be a
non-resident,) in trust for Catharine Ann Walker, wife of the
grantor, for her life, with remainder to the children of the
grantor, in the deed named, equally, to receive the rents and
profits to their separate use; and after their deaths, to the
children of each respectively, in fee simple, and for the want of
such children, to the right heirs of the grantor. The bill
further stated, that the wife of the said Sater P. Walker died
in the year eighteen hundred and forty-six, whereby the said
children became entitled, under the deed, to receive the rents
and profits of said property; that they were all married; that
the grantor, notwithstanding the conveyance aforesaid, has
taken possession of the property since the death of his wife,
and'appropriates the profits to his own use; and that it would
be to the advantage of all parties to have the same sold, and
the proceeds invested for their benefit. The bill then prayed
for the appointment of a receiver to take charge of said
property for the benefit of the parties entitled; and for a sale.