In re Brant

WELLBORN, District Judge.

In this matter the petition is entitled “Marcus M. Towle, Complainant, vs. American Building, Loan & Investment Society, Defendant,” indicating the pendency here of a suit in equity. No such suit, however, has been brought in this court, and said title is erroneously employed. There is no defendant to the proceeding, but it is purely ex parte, and for this reason, namely, because no suit in equity is pending here, I hold that this court is without jurisdiction to appoint a receiver of any sort, either ancillary or original. 2 Daniell, Ch. Pl. & Prac. (6th Ed.) p.…