Mackenzie Oil Co. v. Omar Oil & Gas Co.

The Chancellor.

The bill is for a receiver on the ground of insolvency under Paragraph 3883, Revised Code 1915. The defendant filed an answer denying the insolvency and denying also that the complainant is a creditor. The defendant, in addition to the filing of an answer, filed a cross bill which prays that certain notes given by the defendant company to the complainant, and. which the bill relies upon as constituting the debt to it from the defendant, may be cancelled and surrendered to the defendant because of fraud in their procurement.

After the answer and cross-bill had been filed, the…