Thornton v. Washington Savings Bank

Citations

• 76 Va. 432
• 1882 Va. LEXIS 49

Syllabus

<p>1. Chancery Practice—Receiver.—An order appointing a receiver, is in the nature of an injunction or writ of sequestration, preventing any alienation of, or interference with the property without the consent of the court. Any meddling with the control or possession of the receiver, whether forcibly or by legal proceedings, without the permission of the court, is contempt of court and punishable.</p> <p>2. Idem.—Idem.—A lease of lands in the hands of a receiver, made to a third party by a party to a pending suit, however valid between the parties, confers no rights upon the lessee.</p> <p>3. Idem.—Idem.—Process.—The' authority of the court over the property sequestrated, may at all times be enforced, and its surrender compelled by process of attachment or writ of possession; though, as a general rule, the court will not so readily interfere as against the possession of a stranger, to the action, claiming by paramount title, but will leave the question of title to be tried by a proper action instituted for the purpose.</p> <p>4. Case at bar.—In pending suit H was appointed receiver of real estate, to take possession and. have care and custody of same. T exhibited to receiver a lease from R, a party to the orignal suit, of part of the real estate for four years at $200 a year. Receiver obtained a writ of possession. T applied for a restraining order, which was denied.</p> <p>.Held :</p> <p>The lease conferred no rights on T which the court could respect. The appointment of the receiver being necessary and proper, his authority to possess and control the property must be enforced; he was entitled to the writ of possession, and the restraining order was properly denied.</p>