Ashurst v. Lehman, Durr & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. S. K. McSpadden. The bill iu this case was filed on the 15th December, 1888, by Lehman, Durr & Co., against R. T. Ashurst and wife; and sought the foreclosure of a mortgage which said defendants had executed to complainants, conveying a tract of land, with the crops to be grown thereon during the year 1888, and other personal property; and it also prayed the appointment of a receiver to take possession of…
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Appeal from the Chancery Court of Tallapoosa. Heard before the Hon. S. K. McSpadden. The bill iu this case was filed on the 15th December, 1888, by Lehman, Durr & Co., against R. T. Ashurst and wife; and sought the foreclosure of a mortgage which said defendants had executed to complainants, conveying a tract of land, with the crops to be grown thereon during the year 1888, and other personal property; and it also prayed the appointment of a receiver to take possession of the crops. A receiver was appointed by the register, on the same day the bill was filed. A demurrer to the bill, for want…
1Opinion of the CourtClopton, J.
It has been said, that the exercise of the power to appoint a receiver pendente lite, is one of the most responsible duties which a court of equity is called on to perform, as its effect is to deprive the defendant of his possession before a final decree, which may work great, and even irreparable injury, though the property taken into the custody of the court may be finally restored. The appointment rests largely in the discretion of the court; not an arbitrary or capricious, but a judicial discretion, controlled by a consideration of the circumstances of each case; and the power should be…
2Cases cited5 opinions
- Ex parte WalkerSupreme Court of Alabama · 1854
- Briarfield Iron Works Co. v. FosterSupreme Court of Alabama · 1875
- Bard v. BinghamSupreme Court of Alabama · 1875
- Sims v. AdamsSupreme Court of Alabama · 1884
- Micou v. Moses Bros.Supreme Court of Alabama · 1882
3Cited by25 opinions
- C. E. Development Company v. KitchensSupreme Court of Alabama · 1972
- Moritz & Weil v. Miller, Schram & Co.Supreme Court of Alabama · 1888
- Hayes v. Jasper Land Co.Supreme Court of Alabama · 1906
- Henry v. IdeSupreme Court of Alabama · 1923
- Wood v. LettSupreme Court of Alabama · 1916
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