Pearson v. Kendrick

Citations

• 74 Miss. 235

Syllabus

<p>1. Chancery Court. Receiver. Appointment. Notice. Code 1892, H 574, 922.</p> <p>When a receiver has been appointed, without notice to the adverse party, by a chancellor other than the one in whose district the cause is pending, it will be presumed, on a recital co that effect in the chancellor’s order, that the showing necessary to authorize such action under §1 574, 922, code 1892, was made by the complainant.</p> <p>2. Same. Decree dischn/rging receiver. Appeal therefrom. Code 1892, §575.</p> <p>An appeal lies from a decree discharging a receiver appointed without notice on the ex pctrte application of the complainant, since the latter, on the revocation of the appointment, is liable on his bond, given under g 575, code 1892, for all damages sustained by reason of the appointment. Hanonv. Weil, 69 Miss., 476, distinguished.</p> <p>3. Deed op Trust. Rights of beneficially. Precarious security. Case.</p> <p>The beneficiary in a deed of trust upon property subject to prior liens, that affords but a precarious security for his debt, and is all that the debtor owns, is entitled to have a receiver appointed of the rents and profits to the same extent as if his incumbrance were a mortgage; and it is error to discharge a receiver, on defendant’s motion, before final hearing, when the evidence adduced shows such a state of case. McDonald v. Vinson, 56 Miss., 497, cited.</p>