Baker v. Baker

Citations

• 70 A. 418
• 108 Md. 269
• 1908 Md. LEXIS 104

Syllabus

<p>Appointment of Receiver Under Bill for Partition of Property — Notice to Defendants Before Appointment — Appeal—Presumption as to Parties — Lis Pendens — Right of Mortgagee After Default to Rent of Property Mortgaged.</p> <p>Code, Art. 16, sec. 192, provides that the Court may at any stage of a cause concerning property, pass such order as it may see fit in regard to the possession of the sampendente lite, or the receipt of the income thereof, on such terms as to it may seem just. Held, that this statute does not authorize the appointment of a receiver, under a bill for partition, before the defendant has an opportunity to be heard, unless there be a necessity for such appointment arising from fraud or danger of loss possession of the property be not taken by the Court.</p> <p>The objection that there was no necessity for appointing a receiver of the property before the defendants were heard in reply to an application therefor, can be made upon appeal from the order making the appointment.</p> <p>Upon appeal from an order appointing a receiver of property, under a bill filed for partition of the same among the parties entitled thereto as heirs of the deceased owner, when the record does not affirmatively show that all of the parties in interest had been brought into Court by subpoena or order of publication, it will be presumed that, when the order was passed, all the necessary parties had been actually or constructively served with process.</p> <p>One who takes an assignment of a mortgage after the institution of a ' suit for the partition of the land mortgaged, to which snit the mortgagee was a party, takes subject to the lis pendens.</p> <p>In a suit begun by a bill for the partition of the real estate of a decedent, some of the defendants filed a petition alleging that the real estate had • descended to them as heirs of law of the owner, subject to the dower interest of the widow and subject, as to a portion of the land, to two mortgages, and asked for the ap