The Law And Practice As to Receivers Appointed By the High Court of Justice Or Out of Court : With a Chapter On Sequestration

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There might be cases in which the court would interfere to prevent abso- lute destructive waste, where the value of the property would be destroyed if steps were not taken, or where the (fc) Roberts v. Eberkardt, Kay, 159, per Lord Hatherley.
Digitized by Microsoft® 116 POSSESSION UNDER A LEGAL TITLE.
Chap. II. contest lay between a person having a weU-established Sect. 13. ,. , ■.-, . 1,1 pedigree and a person without any reasonable appearance of title ; but, as a general rule, where one perso
...n was in possession of the rents and profits of an estate, claiming to be the holder by a legal title, and another person also claimed to hold by a legal title, the former could not be ousted in the Court of Chancery imtil the true owner- ship of the legal title had been finally determined at law (J).
It was immaterial to the question that the possession might be vacant and that the court might not be asked to turn any one out of possession. The law looked on a person in possession of real estate as entitled to keep it until some one else could show a better title.


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