Wilmington Star Mining Co. v. Allen

Citations

• 95 Ill. 288
• 1880 Ill. LEXIS 177

Syllabus

<p>1. Lease—-forfeiture. Where a written lease of a coal mine required the lessee to prosecute mining for coal without interruption, and forbidding him to assign the lease without the consent, in writing, of the lessor, and providing for a forfeiture and determination of the lease in case of a breach of any of its provisions, in which event the lessee was to surrender up the premises and property; and where the lessee, without the assent of the lessor, assigned the same to a third person, who discontinued all mining operations for more than a year, and had dismantled the mine and taken the machinery away before the appointment of a receiver of a corporation claiming under the assignee, and the lessor had re-entered and taken possession, it was held, on a petition by the receiver, that he was not entitled to a decree for possession, and that a decree dismissing his petition, and ordering him not to disturb the lessee or his assignee, was proper.</p> <p>2. Receives—court may instruct. The circuit court may properly instruct a receiver as to the management of property, on a petition filed by him in the suit in which he is appointed, against others claiming the property; and if the rights of such other party are established, there is no error in ordering the receiver not to disturb their possession until the further order of the court, upon the dismissal of the petition.</p> <p>3. Same—management of property in his hands. Where property of an insolvent corporation is placed in the hands of a receiver, a bill by a third person against the receiver, and a cross-bill by him, etc., may all be regarded as applications to the court having jurisdiction over the receiver and the business respecting the administration and management of the property. And where leasehold interests are involved, depending for their preservation upon the condition of continued operations, as of a mine, whether it should be kept on foot is a matter of business economy as well as of law. The jurisdict