Noble v. European Mortgage & Investment Corp.

The Chancellor :

1. The first ground of demurrer is that the bill fails to state such a case as entitles the complainants to the relief sought—that relief being the appointment of a receiver on the ground of insolvency.

The bill alleges insolvency on the part of the defendant. But a bare showing of insolvency alone will not result in the appointment of a receiver as a matter of course. Inasmuch as the appointment is discretionary with the Chancellor, the appointment will not be made, even though the *218jurisdictional fact of insolvency exists, if the Chancellor in the proper exercise of his…