A Treatise On the Law And Procedure of Receivers With Forms Being a Greatly En
A Treatise On the Law And Procedure of Receivers With Forms Being a Greatly En
Henry Gabriel Tardy
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First Nat. Bank. 216 U. S. 134, 54 L. Ed. 418, 30 Sup. Ct. 368. As to the right of an owner, pending receivership proceedings, to create liens against any interest that may remain to him after prior claims are paid, see Lauraine v. Masterson (Tex. Civ. ), 193 S. W. 708. It is only under special circum- stances or specific provisions ot the statute, or decree of court that a lien may be acquired over prop- erty in the hands of a court of equity. Clinchfield Fuel Co. V. Titus, 226 Fed. 574, 141 C.... C. A. 330. 6 Randall v. Wagner Glass Co. , 47 Ind. App. 439, 94 N. E. 739; In re New Glenwood Canning Co. , 150 Iowa 696, 130 N. W, 800. The receivership court may with- out an abuse of discretion, refuse permission to a lien claimant to foreclose his lien by means of an independent suit. Holmes & Hib- bard Mortg. Co. V. Ardmore Nat. Bank, 48 Okla. 319, 150 Pac. 105. An equitable lien upon property in the hands of a receiver must be established and enforced in the re- ceivership proceedings.
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