The Montgomery advertiser., 1901-07-19
] H . V H . x V . x |
MEYER V. THOMAS. ct al.

| MEYER V. THOMAS, ct al.
 Bill in Equity for the Foreclosure of | Mortgage and the Appointment of 8 Receiver.-Appeal from the Chancery Court of Marengos | l. Appointment of receiver: appeal
 will lie to Supreme Court from decree
 of the Chancellor revoking an order by the Register appointing receiver.-An appeal will lie to the Supreme Court from decree rendered by the Chan cellor on appeal to him. revoking and | annulling the order of the Register ap- l pointing a receiver without notice. ?. Same; right of mortgagee to ap- pointment pending foreclosure suit - | The right of a mortgage to the ap- pointment of receiver pending a suit for the foreclosure under his mortgage
 rests upon the general principle that the appointment is necessary for the preservation of the mortga ged proI erty
 and it's appropriation to the payment of
 the mortgaged debt.
 8. Same; when exercised.-The ap- pointment of receiver is a matter of sound judicial discretion when there is
 a reasonable probability that the per-
 son asking therefor will Ilti.nately | succeed in obtaining the general relief sought for by his suit; and being based upon the fact that there Is To other adequate remedy. or means of accomp- fishing the desired objects of the judi
 cial proceedings. must be exercised in view of the circumstances of the par | ticular case, for the purpose of pro-
 noting the ends of justice and cf pro-
 tecting the rights of all the parties in- | terested in the controversy and the subject matter.
 4. Same: same; case at bar.-Where | bill Is filed by one who holds a mort gage executed by a tenant upon per- sonal property and crops grown uron the rented premises, against a tenant l and his landlord, and 1t is averred therein that the claim of the ian6,ord | for advances is subordinate to inc lien | Of the mortgage. but by 'eason Of a l collision between the tenant and the
 landlord the crop is about to he dis posed of by the tenant to the landlord
 in payment of an alleged claim for ad- vances, which is simulated, nut there
 is no averment showing that the land- lord is insolvent or can not answer in
 damages for any wrong done 70 the complainant, it is error for a receiver
 to be appointed without notice 10 the
 defendant.
 5. Appointment of receiver; Supreme Court will not modify a decree of Cham
 cellor annulling erroneous appoint ment
 of receiver. Where upon the filing of
 bill asking for the foreclosure of a
 mortgage and the appointment of re-
 ceiver. the Register enormously ap-
 points receiver as prayed for with
 out notice, and on appeal to the Chan
 cellor such order of the Register is
 annulled and vacated and the receiver
 is directed to restore the possession of
 the property to the defendants from
 whom he received it, on an appeal to
 the Supreme Court, from the decree of
 the Chancellor vacating and annulling
 the order of the Register making tLe appointment, this court will not modify
 the decree of the Chancellor directing
 the receiver to restore the prope-.y of the defendant, so as to order the re- ceiver to sell and apply the proceeds first to the payment of the attendant, and the balance, if any, to the com
 plainant in the bill.
 Affirmed. Opinion by Tyson, J.