A Treatise On the Law And Practice As to Receivers Appointed By the Court of Cha
A Treatise On the Law And Practice As to Receivers Appointed By the Court of Cha
William Williamson Kerr
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L25. (/) Lees v. Waring, 1 Hog. 216. Comp. Townsend v. Somer- villc, lb. 100. POSSESSION OF RECEIVER. 187 the court had not in the first instance been applied for in reference to the action.^) 1 In a case where ejectment was brought against a receiver, although it was without the previous leave of the court, the court directed an inquiry whether it would be for the benefit of the parties interested, who were adults, that the receiver should defend the ejectment, and charge the expenses in his a...ccounts. (A) If a man has already brought an action against a receiver, or has otherwise interfered with the posses- sion of a receiver without the leave of the court, the order which retains these acts will also give leave or direct that he be examined pro interesse suo, the plain- tiff in the cause being directed to exhibit inter- rogatories^?) 2 The inquiry as to interest is conducted in the same manner as it would be if the property were in the possession of sequestrators under a commission of sequestration.
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