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Douglass v. Rhodes

6 Sarat. Ch. Sent. 74 Court N.Y. Ch. Decision date 1847-05-04 English

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Majority

p. 75
May 4th.
Samuel Douglass v. William Rhodes et al.
A. Haeeison, for complainant; H. Hagner, for defendants.

Application to appoint a receiver of certain wood claimed by the complainant as partnership property. The hill showing a case of joint tenancy, for ocri-partnership, in the wood and'in the cutting thereof, and the affidavits in opposition not disproving that fact, the chancellor said it was necessary for the interest of both parties that a receiver should be appointed to sell the wood and convert it into money, to abide the event of the suit; inasmuch as the parties could not agree among themselves in respect to the management and sale of the property.

Order of reference to a master to appoint a receiver; and receiver directed to sell the wood. Costs to abide the event of suit.