McKinnon-Young Co. v. Stockton

Citations

• 55 Fla. 708

Syllabus

<p>Receivers—Successive Receivers—Rights, Duties and Powers of—Contempt Proceedings for Interference With Property in Hands of Receiver—Discovery Prom Trespasser on Land in Hands op Receiver.'</p> <p>1. In a legal sense property placed by a court in the hands of a receiver is not in the possession of such receiver, but in the possession of the court, through such receiver as its officer.</p> <p>2. Where a receiver is appointed over property in litigation, and, pending such suit, is removed and another party appointed receiver in his place and stead without a release by the court of its custody and possession of the. property involved, such succeeding receiver has all the rights, powers and duties of his predecessor or predecessors in the receivership, and it can make no difference with any third person who unwarrantably interferes with or trespasses upon property while in the possession of the court through its receiver as to who the individual was that was receiver at the time of such interference or trespass. The trespass in such case is not against the receiver as an individual, but against him as the official representative of the court, and a succeeding receiver appointed subsequently to such trespass can take the same steps looking to its redress as could his predecessor in the office of receiver at the time of the trespass.</p> <p>3. In a proceeding by petition filed by a receiver of the court in an equity cause against third parties alleged to have unwarrantably interfered and trespassed upon lands in the possession and custody of the court through its receiver, for summary redress of such trespass in the nature of contempt proceedings, it is proper for the court to require the defendant in such proceeding to discover on oath in his answer to such petition the quantity and value of the products of such lands, if any, that may have been removed therefrom and appropriated by such defendant during the entire time since such land was first taken into the custody