72 HIGH COURT OF CHANCERY.

be satisfied of the existence of the fraud, but it must be morally
sure, that upon the hearing of the cause, the party would, upon
the circumstances, be turned out of possession; and not only
that, but it must see some danger to the intermediate rents and
profits."

It seems to me, therefore, indispensably necessary, that when
an application is addressed to the court to appoint a receiver,
either by the bill, or by petition subsequently filed, that a suffi-
cient foundation must be laid, by stating the facts which will
authorize the interference of the court in this form. Tomlinson
vs. Ward, 2 Cown, 396.

The bill in this case, after stating the title of the complain-
ants, and showing their interest in the property, which it may
be conceded would be sufficient to authorize the appointment
of a receiver, if the property were alleged to be in danger, pro-
ceeds to set forth the grounds upon which the application rests,
which are, that after the death of catharine Ann Walker, the
tenant for life, the said Sater P. Walker wrongfully ^took pos-
session of the said property, and ever since has appropriated
the rents and profits thereof to his own private purposes, and
has always refused, though urgently requested so to do, to pay
over the rents according to the express intention of the said
deed of trust, so that the chief and only object of said deed is
entirely defeated and annulled. But the bill does not state
that Walker, the party alleged to be in the wrongful possession
of the property and in the enjoyments of the rents and profits,
is insolvent, or unable to account for the same, or that without
the appointment of a receiver, these rents and profits are in
danger of being lost to those who may ultimately appear to be
entitled to them; and the absence of any such averment, in
my opinion, is, upon the principles which govern this court in
applications like the present, fatal to the success of the appli-
cation, which consequently cannot be allowed.

[No appeal was taken from this order.]