The Law And Practice As to Receivers Appointed By the High Court of Justice Or

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<•) Consider Kcvtie v. Riley, 3 Mer. 436. (v) Jones v. Pugh, 8Ves. 71 ; Chalk v. Raine, 13 Jur. 981 ; see, too, Coope v. Crest/tell, 12 \Y. R. 299; Topping v. Searson, (i I, . T. N. S. 450. AND CREDITOR. 18 estate descended to an infant heir, the court appointed <, | " v i'- n - Sect. 5. a receiver of the real estate (z). Independently 01 the Judicature Act, lHTli, where a plaintiff has a right to ho paid out of a particular fund, the court will appoint a receiver in order to prevent that fund from being dissipated so as to defeat his rights (a). But, where a judgment debtor is dead, the court will not at the instance of his judgment creditor appoint a receiver of a reversionary interest forming part of the estate of the deceased, as that would he assisting the judgment creditor to get a priority over the other creditors {I)). If the real estates over which a receiver is sought are in mortgage, hut the mortgagee is not in possession, a receiver will he appointed on the application of creditors, without prejudice to the right of the mortgagee to take possession (<■).

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