Tarvin v. Walker's Creek Coal & Coke Co.
Court of Appeals of Kentucky
Case SS — Action foe Appointment of Receiver APPEAL FROM LEE CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal.
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Case SS — Action foe Appointment of Receiver APPEAL FROM LEE CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. I. The appointment of a receiver is regulated by the Civil Code, section 298. 2. The Chancellor has no jurisdiction to appoint a receiver in a case like this, independent of the Civil Code. 8. In order to obtain the appointment of a receiver, in a case like this, the plaintiff must show either that he has a clear title to the land or a lien on it, and that the property is in danger of loss from the neglect, waste or misconduct of the defendant. Civil Code, sec. 298; Kerr…
1Opinion of the Court
Opinion of the cotjet by
JUDGE GUFPY
Revebsing.
The appellee, on the 19th day of January, 1899, instituted this action in the Lee Circuit Court against the appellants, in which, at great length and particularity, it was alleged that the plaintiff was the owner of a certain boundary of land in said county, and in possession thereof, and that the defendants were fraudulently and illegally attempting to run and confuse the lines of plaintiff’s property, and also taking and carrying away a large amount of valuable timber from said land, and were in possession of said land. It is also alleged that…
2Cited by12 opinions
- Consolidation Coal Co. v. VanoverCourt of Appeals of Kentucky · 1915
- Elkhorn Hazard Coal Co. v. FairchildCourt of Appeals of Kentucky · 1921
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1902
- Sullivan v. CommonwealthCourt of Appeals of Kentucky · 1914
- Britton v. CommonwealthCourt of Appeals of Kentucky · 1906
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