The Law And Practice As to Receivers Appointed By the High Court of Justice Or
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<•) Consider Kcvtie v. Riley, 3 Mer. 436. (v) Jones v. Pugh, 8Ves. 71 ; Chalk v. Raine, 13 Jur. 981 ; see, too, Coope v. Crest/tell, 12 \Y. R. 299; Topping v. Searson, (i I, . T. N. S. 450. AND CREDITOR. 18 estate descended to an infant heir, the court appointed <, | " v i'- n - Sect. 5. a receiver of the real estate (z). Independently 01 the Judicature Act, lHTli, where a plaintiff has a right to ho paid out of a particular fund, the court will appoint a receiver in order to prevent that fund from being dissipated so as to defeat his rights (a). But, where a judgment debtor is dead, the court will not at the instance of his judgment creditor appoint a receiver of a reversionary interest forming part of the estate of the deceased, as that would he assisting the judgment creditor to get a priority over the other creditors {I)). If the real estates over which a receiver is sought are in mortgage, hut the mortgagee is not in possession, a receiver will he appointed on the application of creditors, without prejudice to the right of the mortgagee to take possession (<■).
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To quickly assess the difficulty of the text, read a short excerpt:
<•) Consider Kcvtie v. Riley, 3 Mer. 436. (v) Jones v. Pugh, 8Ves. 71 ; Chalk v. Raine, 13 Jur. 981 ; see, too, Coope v. Crest/tell, 12 \Y. R. 299; Topping v. Searson, (i I, . T. N. S. 450. AND CREDITOR. 18 estate descended to an infant heir, the court appointed <, | " v i'- n - Sect. 5. a receiver of the real estate (z). Independently 01 the Judicature Act, lHTli, where a plaintiff has a right to ho paid out of a particular fund, the court will appoint a receiver in order to prevent that fund from being dissipated so as to defeat his rights (a). But, where a judgment debtor is dead, the court will not at the instance of his judgment creditor appoint a receiver of a reversionary interest forming part of the estate of the deceased, as that would he assisting the judgment creditor to get a priority over the other creditors {I)). If the real estates over which a receiver is sought are in mortgage, hut the mortgagee is not in possession, a receiver will he appointed on the application of creditors, without prejudice to the right of the mortgagee to take possession (<■).
What to read after The Law And Practice As to Receivers Appointed By the High Court of Justice Or?
You can find similar books in the "Read Also" column, or choose other free books by William Williamson Kerr to read online
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