Smith v. Smith

The complainants declare in their bill of complaint that they are tenants in common with the defendant Jesse E. Smith in the ownership of several tracts of land comprising 4,000 acres in the County of Cumberland. The complainants primarily seek a partition of the lands and an accounting according to the practice of this court, but desire the immediate appointment of a receiver to acquire and preserve, pendentelite, the rents, issues, and profits of the lands. The application for the auxiliary relief is the subject of present consideration.

The order to show cause implicates the power of this…