Reed v. Alaska Mines Corp.
District Court, D. Alaska
This is a bill in equity asking that an ancillary receiver be appointed, in aid of the state of Virginia court r(the court of original jurisdiction), of property in the second division, territory of Alaska, and within the jurisdiction of this court. All the primary steps for the appointment of a receiver 'by the Virginia court are fully set out in the bill by duly authenti- ■ cated and amplified records of the Virginia court.
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This is a bill in equity asking that an ancillary receiver be appointed, in aid of the state of Virginia court r(the court of original jurisdiction), of property in the second division, territory of Alaska, and within the jurisdiction of this court. All the primary steps for the appointment of a receiver 'by the Virginia court are fully set out in the bill by duly authenti- ■ cated and amplified records of the Virginia court. All the allegations as set out in said bill are duly admitted by the answer of the defendant. E. E. Powell, trustee, by leave of court, appeared specially opposing the…
1Opinion of the Court
HOLZHEIMER, District Judge.
No action abates by reason of the appointment of a receiver, nor does such appointment stay or enjoin prosecution of such action to judgment. The appointment of a receiver simply marshals the assets for proper distribution, and prior claims and liens having preference still hold their place. By the appointment of the receiver the assets are held in trust for payment to those legally and ultimately entitled thereto, the receiver acquiring no other, greater, or better right or title than the debtor had in the first instance.
To enable him to raise any question as to…
2Cited by2 opinions
- Grocery Supply, Inc. v. McKinley Park Services, Inc.District Court, D. Alaska · 1955
- Devine v. CordovadoDistrict Court, D. Alaska · 1954