KIPP v. HANNA. 31

any one but the defendant Burhing. Nor does it appear that the
exceptions to the answer of the defendant Alexander B. Hanna,
have been in any way disposed of.

The plaintiffs, by their petition, filed on the 16th of June,
1825, stated, that the chattel real in controversy had been and
then was held by the defendants Alexander B. Hanna and wife;
that he was insolvent; and that, anticipating the termination of
this suit against them, they had suffered the ground rent to fall
greatly in arrear; whereupon, it was prayed, that the property
might be put into the hands of a receiver.

A day having been given for the hearing of the matter of this
petition, it was answered by the defendants Alexander B. Hanna
and wife; and the solicitors of the parties were heard.

4th October, 1825.—BLAND, Chancellor.—A receiver may be
appointed against the legal title in a strong case of fraud, com-
bined with danger to the property. In such cases, the court may,
on affidavits, interfere before the hearing. But the court interposes
by appointing a receiver against the legal title with reluctance. It
must not only be morally sure, that, at the hearing, the party
would, upon those circumstances, be turned out of possession;
but must see some imminent danger to the property and the inter-
mediate rents and profits, from not acting rather prematurely, and
if the property should not be taken under the care of the court,
It is conceived, that according to these principles, this is not such
a case as the Chancellor would be warranted in appointing a
receiver. Therefore, it is Ordered, that the petition be dismissed
with costs. (b)

After which, the exceptions to the answer of the defendant
Alexander B. Hanna, having been sustained, he put in a full an-
swer, as required, on the 22d of March, 1826. Subsequently to
which, the plaintiffs, by their petition, prayed for a commission to
take evidence, &c.

15th April, 1826.—BLAND, Chancellor.—The order of pub-
lication having been published as required., warning F. G. L.
Burhing to appear, and the general replication to the answers of
all the other defendants having been put in by the plaintiffs; it is

(b) Pow. Mort. by Covin. 295. n.; Williamson v. Wilson, 1 Bland, 422, Hannah
K. Chase's case, 1 Bland, 213.