City of Spokane v. Amsterdamsch Trustees Kantoor

Citations

• 18 Wash. 81
• 50 P. 1088
• 1897 Wash. LEXIS 112

Syllabus

<p>INJUNCTION—RIGHT TO IN ACTIONS INVOLVING TITLE TO REALTY —</p> <p>APPOINTMENT OP RECEIVERS TO TAKE CHARGE OF REALTY IN CONTROVERSY— PROOF OF FRAUD.</p> <p>Where an action involves the title to real estate in the possession of defendant under claim of title, and a lis pendens notice has been filed by plaintiff at the time of commencing the action, plaintiff is not entitled to an injunction against defendant to restrain a transfer of the property pending the suit.</p> <p>In such a case, even if the filing of a lis pendens notice would not operate as a complete protection of the rights of plaintiff, he would not be entitled to an injunction, unless he could show by proof that defendant was threatening to transfer, or in some way interfere with, the title to the property, or inflict some irreparable injury thereto.</p> <p>A receiver pendente lite should not be appointed, upon motion of plaintiff, to take possession of real estate in controversy, which is in the possession of defendant under a claim of title, when it is not made to appear both that plaintiff has a strong ground of title, with a reasonable probability of ultimately prevailing, and that there is imminent danger to the property or to its rents and profits, in case the court does not interfere.</p> <p>A plaintiff is not entitled to have a receiver of real estate appointed pending action against a defendant in possession under claim of title, even if there appears strong probability of the plaintiff ultimately establishing his title thereto, when it appears that defendant is properly caring for the buildings and improvements on the land, that he is solvent and capable of responding in damages for any loss of rents and profits likely to be sustained by the plaintiff, or that he is willing and able to execute a sufficient bond to account for the rents received from the property during the litigation.</p> <p>Fraud cannot be established' by mere proof of negligence or failure to perform a duty, although such f