Johnson v. Barnwell Production Company

DISSENT ON MOTION FOR RE-HEARING

DAVIS, Justice.

I dissent. The receiver was not authorized to act until after he had taken an oath and executed a bond. Art. 2296, V.A.T. C.S.; Rogers v. Boykin, Tex.Civ.App., 286 S.W.2d 440, N.W.H.

The appointment of a receiver without notice of immovable property is in violation of Rule 695, T.R.C.P.; Marion v. Marion, Tex.Civ.App., 205 S.W.2d 426 ; 49 T.J.2d 44, Sec. 26; 49 T.J.2d 77, Sec. 57. The receivership should be set aside for the reason that it was granted without notice. 49 T.J. 2d 118, Sec. 188.

The order appointing the receiver was erroneous, and a…