A Treatise on the Law of Receivers

A Treatise on the Law of Receivers
By James L. High

2000/07 - Beard Books - Law Classic
1587980053 - Paperback- Reprint - 678 pp.
US$34.95

The first complete collection of English and American law on receivers.

Publisher Comments

Categories: Law | Trusts & Estates

This title is part of the Treatises list.

Of Interest:

The Rule Against Perpetuities

This early legal classic was the first collection of English and American law on the subject of receivers. A receiver is an indifferent person between the parties to a cause, appointed by the court to receive and preserve the property or fund in litigation while the suit is pending, when it does not seem reasonable to the court that either party should hold it. After covering aspects of the receiver's appointment, functions, and liabilities, receivers in certain cases are examined, namely, over corporations, over railways, over partnerships, over real property, for mortgages, for trusts, and in connection with injunctions.

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James L. High was a distinguished lawyer in Chicago who earned his degree from the University of Wisconsin in 1864.

CHAPTER I.
OF THE GENERAL FEATURES OF THE JURISDICTION		1
CHAPTER II
OF THE COURTS EXERCISING THE JURISDICTION		40
I.	What courts may appoint Receivers	40
II.	Relative Powers of State and Federal Courts	50
CHAPTER III
OF THE SELECTION AND ELIGIBILITY OF THE RECEIVER		63
CHAPTER IV
OF THE PRACTICE		82
I.	General Rules of Practice	82
II.	Time of Appointment	103
III.	Notice of the Application	111
CHAPTER V
OF THE RECEIVER'S BOND AND LIABILITY THEREOF		118
I.	Of the Bond	118
II.	Liability of Sureties	127
CHAPTER VI
OF THE RECEIVER'S POSSESSION		134
I.	Nature of the Possession	134
II.	Interference with Receiver's Possession	163
CHAPTER VII
OF THE RECEIVER'S FUNCTIONS		175
I.	General Nature of his Functions	175
II.	Sales by Receivers	191
CHAPTER VIII
OF ACTIONS BY AND AGAINST RECEIVERS		200
I.	Principles Governing Suits by Receivers	200
II.	Pleadings and Proofs in Actions by Receivers	231
II.	Suits by Receivers in Foreign Courts	239
IV.	Defenses to Actions by Receivers	245
V.	Actions against Receivers	254
CHAPTER IX
OF THE RECEIVER'S LIABILITIES		269
CHAPTER X
ON THE RECEIVERS OVER CORPORATIONS		287
I.	Principles Governing the Jurisdiction	287
II.	Functions, Duties, and Rights of Action of the Receiver	313
III.	Receivers of Insolvent Corporations	343
IV.	Receivers of National Banks	358
CHAPTER XI
OF RECEIVERS OVER RAILWAYS		365
I.	Principles Governing the Jurisdiction	365
II.	Receivers in behalf of Mortgages and Bondholder	376
III.	Duties and Liabilities of the Receiver	390
CHAPTER XII
OF RECEIVERS IN AID OF JUDGMENT CREDITORS		399
I.	Principles on which the Relief is Granted	399
II.	Of the Receiver's Title	440
III.	Of the Receiver's Functions and Rights of Action	453
CHAPTER XIII
OF RECEIVERS OVER PARTNERSHIPS		472
I.	Principles on which the Relief is Granted	472
II.	Receiver on Dissolution of the Firm	509
III.	Exclusion from Firm as Ground for Receiver	522
IV.	Receiver on Death of Partner	530
V.	Functions and Duties of the Receiver	538
CHAPTER XIV
OF RECEIVERS OVER REAL PROPERTY		553
I.	Principles on which the Relief is Granted	553
II.	Receivers as between Tenants in Common	603
III.	Receivers as between Vendors and Purchasers	609
IV.	Functions of the Receiver	618
CHAPTER XV
ON RECEIVERS IN CASES OF MORTGAGES		639
I.	Principles the Relief	639
II.	Inadequacy of Security and Insolvency of Mortgagor	666
III.	Receivers as between Different Mortgagees	679
CHAPTER XVI
OF RECEIVERS IN CASES OF TRUSTS		692
I.	Principles Governing the Relief	692
II.	Receivers over Executors and Administrators	706
III.	Receivers over Estates of Infants	725
IV.	Receivers over Estates of Lunatics	733
CHAPTER XVII
OF RECEIVERS IN CONNECTION WITH INJUNCTIONS		737
I.	The Remedies Compared	737
II.	The Remedies as Applied to Corporations	749
III.	Creditors Suits	755
IV.	Partnerships	760
V.	Real Property	772
CHAPTER XVIII
OF THE RECEIVER'S COMPENSATION		781
CHAPTER XIX
OF THE RECEIVER'S ACCOUNTS		797
CHAPTER XX
OF THE REMOVAL AND DISCHARGE OF RECEIVERS		820
I.	Removal for Cause	820
II.	Final Discharge	882

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