The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-03


ing is the bill introduced this incoming b!
Turner to provide for tho appointment o
a receiver OF the estates Of an insolven
debtor, and providing for an injunction 1t
ceses where m insolyent debtor has exec
uted q mortgage or deed OF trust preferrnl
fraudulent claims 1t reads:
~ Section l. That hereafter n any iusol-
vent eebtor or debtor In CONT smplation Of
Insolvency shall execute a mortgage OF
oerd OF trust Tor the benefit OF certain
preferred creditors. and shall include III
the list Of preferred creditors any creditor
whose claim or account is fictitious or
fraudulent; receiver Of such mortgaged
property may be appointed by any judge
Of any court OF competent jurisdiction as
hereinafter provided.
Sec. q Any creditor OF such insolyent
debtor whose claim has not been preferred
and who desires a receiver OF such mort
geged property, may present an application
therefor to any judge having jurisdiction OF
the subject matter in either term. time or
vacation; such application shall state the
amount and nature OF his claim, the names
and residence n known, OF all the pre-
ferred creditors. and the amounts OF their
respective claims, the names and rSsidence.
IL known, OF the mortgagor and noTtgagee'
the value OF the mort gagged estate aud
where situated, II known. and shall specify
the particular claim or claims alleged to
be fraudulent or fictitious such applica-
tion may contain a prayer for an injunc-
ton restraining such MORTGAGE or trustee
from dispusing Of She Irortgaged property
pending haai hearing OF the application
Sec. 3. Upon presentation OF the applica-
ton herein provided for. the judge hav-
ing jurisdiction thereof shall direct that a
citation be Issued and served upon the
morisagor and mortgage and the creditor
or creditors whose claim or claims are al
legei TO BIZ fraudulent or fictitious, com
handing them and each ~ them 10 appear
on day certain to answer such applca
ton. The citation pro, idcd for in this sec-
;ion shall be executed aud returned IN the
manner provided by law FOR the service OF
citations IN other civil suits, aud the pro-
ceei!ngs hereunder shall b. governed by
ths rules governing ether eva actions
provided that Hss days service Of citation
hereunder shall b. sufficient
Sec. 4. Should such application contain
: pvNyey for Injunction. the Judge to whom
tie same ia presented. shalt issue wit
OF injunction restraining She MORTGAGE or
trustee from further action DDder the
or tTust dead ard from selling mr.
disposing o. such nortEasod
property, pending 8 hearing OF sucn sppii-
cstion The egit Of Injunction herein pro
: del for shah b Issued aat served as in
gy.her Gases provided that no writ oi In
Jgnetion shall issue until applicant shalt
have executed 4 bona as hereinafter pro-
yided for. t
Sec 5. Before any inianeiion shall Is
sue. as provided for IN the preceding sec
ton. the applicant shall execute boud
with two OF more good and sufficient sure
ties 10 be approved by the Judge issuing
the writ, in such an amount as the Judge
shall ia. payable to the creditors named In
the mortgage. and conditioned that the ap- |
piicaat will ray all such costs aud dam |
ages as may be adiudgod against him for |
wrongfully suing out such injunction
Sec. 6. II upon final hearing II shall be /
made 70 appear 20 the satisfaction OF the |
Judge trying The case. that any OF the |
claims preferred are fictitious or fraud I
ulaat receiver shan be appointed and |
thereafter such morleHgrd estate shall 30
administered under the order OF The court |
APPOINTING the receiver
Sec. when receiver Is appointed under /
the prov.s'ous OF the act ana before he en- |
ters IPcu his duties he shall be sworn TO |
faithfully perform them. and shall be re-
cuirta to execute bond with three or
more good and sufficient snrctes to be ap I,
proved ty tho Judge appointing him in |
double the amount Of the nortgaged cs-
tate, and conditioned that be will faithfully |
discharge all duties required Of him as such |
receiver, and that he wifi obey the orders Of
tho court appointing him.
Sec $. Upon giving tho bond and giving |
the oath provided for In the preceding sec |
tioA, such receiver shall Immediately take
p possession OF such morlgagea property and |
shall proceed AZ once TO carry out the PRO |
visions Of such mortgage or deed of trust; |
disrosinS OF the morigaged prnperty ms di- |
rertcd by the court and paying off tho
claims pi the preferred creditors In the
manner therein directed, provided that III.
receiver shall! pay no claim or claims which |
have been adjudeed by the court 10 be
fraudulent or fictitious.
Sec ?. Should the mortgagee or irustee
fail or refuse 10 deliver possession OF tho
inoriEased property TO the receiver here
Under appointed, the Judge or court. llsulnv
same shall Issue writ OF possession there.
TOT, directed to the sheriff uf the prorer
county commanding him TO seize such
mortgaged property aud to deliver tho
same into the possession of the rcralyer
See. 10 MI funds remaining In the hands
OF tho receiver after the disrharre ana NV
meat OF the creditors named in iho mort
gage or trust deed. whose claims have ro,
neen adjudged 70 be fraudulent or ncti-
nous ana after tho discharge and payment
o. tho creditors named In the mortgage Or
rus oeeu' whose claims have not been al
judged to be fraudulent or flc,itions ana /
attef me payment OF all the expenses In
CURED by him, as such receiver. shall he
nero b, MIN subject to further orders ~
tho court '4'N VI
sec H. IN all other respects the receiver
snip provided for under this net shni, la
governed by tho general law of this stato
providing for the appointment OF receivers
ILLEGAL LAND SALES,