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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 214   View pdf image (33K)
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214 HANNAH K. CHASE'S CASE.

But so far from such being the only kind of cases in which a
receiver has been appointed, they are in fact of the most rare
occurrence. Where the plaintiff was a mortgagee, or a creditor
suing in his own right alone, or for himself and other creditors,
whose claims might or might not cover the whole amount;(e) or
where the object of the bill was to obtain a fair division of the
property and to have debts paid;(y) 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 plaintiff 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 nuptial settlement,
would he stripped by it of "her only means of defence and sub-
sistence.(g) It does not appear from any of the cases, 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 per-
son has been nominated 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
tenement 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 inter-
ested 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
reposed in him by any future order of this court in the premises,

(e) Thomas v. Dawkins, 3 Bro. C. C. 508; Bowersbank v. Collasseau, 3 Yes. 165 ;
Wilkins v. Williams, 3 Ves. 588; Hughes v. Williams, 6 Ves. 459; Bryan v. Cor-
mieh, 1 Cox. 422 ;Dalmer v. Dashwood, 2Cox. 378.—(f) Skip v. Harwood, 3 Atk. 564
(g) Metcalfe v. Pulvertoft, 1 Ves. & Bea. 180.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 214   View pdf image (33K)
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