Whitehead v. Wooten

Citations

• 43 Miss. 523

Syllabus

<p>1. Chanoeey Pbactioe — Appointment of a Reoeiveb. — To justify tlie appointment of a rec eiver before the merit of the cause are disclosed — as before answer filed, or pro confesso taken — there must be strong special reasons laid; as, where the defendant has withdrawn himself from the jurisdiction of the court to avoid service of its process, or is guilty of fraud endangering the property, or, in case of a suit to foreclose a mortgage, the mortgaged premises are a slender and scanty security, entitling the mortgagee to collect and appropriate the rents, and other like cases.</p> <p>2. Mobtgagob and Mobtgagee — Rents—Received.—A mortgagee is not entitled, after default, to the rents and income of the mortgaged premises, nor to a receiver to get them in, unless he contracted for them, or, unless the mortgaged property be insufficient to meet the debt.</p> <p>3. Appointment of a Receives — Notice of Motion. — To give the chancery court jurisdiction of a motion for the appointment of a receiver, it is indispensible that notice of such motion shall be served on the parties to be affected thereby. Rev. Code, p. 552, art. 74.</p>