Tapscott v. Lyon

Citations

• 103 Cal. 297
• 37 P. 225
• 1894 Cal. LEXIS 770

Syllabus

<p>Insolvency—Authority of Receiver—Taking Goods From Third Person.—A receiver in insolvency who is directed to take into possession all the assets of insolvent debtors, and to institute suit to recover the goods transferred by the insolvent debtors, has no right as receiver to seize goods in the possession of a third person, however manifest the fraud through which they were acquired.</p> <p>Id.—Duty of Receiver—Personal Risk.—It is the duty of the receiver to demand goods fraudulently transferred to a third party, and, upon a refusal, to bring suit for their recovery; and if he takes the property from one not a party to the proceedings in which he received his appointment, against the will of such party, he does so at his own personal risk, and will not be protected by the court when not acting for it.</p> <p>Id.—Lawful Possession of Receiver—Custody of Court.—If the receiver is lawfully in possession of property claimed to belong to the insolvent, he will be regarded as the servant of the court, and his custody is that of the court, and adverse claimants will not be justified in disturbing his possession without leave of the court.</p> <p>Id.—Voluntary Surrender of Goods to Receiver.—A receiver who has made demand for goods fraudulently transferred to a third person, cannot refuse to accept them if voluntarily surrendered, and when accepted, holds them as custodian of the court, and cannot be treated as a trespasser, and has a right to dispose of the goods under the direction of the court.</p> <p>Id.—Taking of Goods—Duty of Receiver—Discretion—Contempt— Custody of Court.—The receiver has no such discretion in taking possession of goods as that exercised by a sheriff as agent of the creditor for whom he acts, but if the goods which the receiver is directed to receive are described, and are in the possession of the party whose property he is directed to take into possession, or are voluntarily delivered to him by the person having them, he must take them on pain of