Arey v. . Williams

Pee. CuriaM.

Revisal, 453, requiring a defendant in ejectment to give bond before putting in a defense to tbe action, does not abridge tbe power of tbe court to appoint a receiver to secure tbe rents and profits. Kron v. Dennis, 90 N. C., 327 ; Durant v. Crowell, 97 N. C., 374.

In tbe present case tbe insolvency of the defendant was admitted, and for that reason and on account of other matters made to appear to tbe court, tbe judge, instead of accepting a bond, appointed a receiver to take charge of tbe property pending tbe litigation. This is an application by tbe defendant to this Court for a…