Legal Opinion

Morrison v. Buckner

U.S. Circuit Court for the District of Arkansas

Decided April 15, 1843Published

[This was a suit by Daniel Morrison against Simeon Buckner.]

1Opinion of the Court

JOHNSON, District Judge.

This is a motion by the complainant to direct the marshal or a receiver to hire out the slaves mentioned in the bill and in the mortgage, on the ground that the mortgaged property is wholly insufficient to pay the debt due the complainant. Substantially the application is for the appointment of a receiver before the hearing; and in such cases the court always reluctantly interferes, and upon some pressing necessity, which does not appear to exist on the present occasion. It seems to be well settled by the English chancery practice, that in a case like this a receiver…

2Cases cited1 opinion

  1. Shotwell v. SmithNew York Court of Chancery · 1842

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