Chalta
Chalta v. Biller
Opinion
Lead Opinion
This appeal is from an order appointing a receiver in an action instituted by plaintiff against the defendants for the partition of certain personal property alleged to be in the possession of the defendants and with reference to which the plaintiff alleged himself to be the owner of an undivided one-half interest by virtue of his purchase from the executor of the last will and testament of one George Soulas, deceased, of the latter's original half interest in said personal property. The plaintiff alleged in his complaint that the defendants were not financially responsible and were wasting said property and converting the same to their own use and would continue to do so unless a receiver was appointed to take charge of, conserve and sell the same. Upon the filing of the complaint the plaintiff by motion duly filed and served applied for the appointment of such receiver. The parties and their counsel appeared and were heard in response to the motion, and thereupon the court made an order appointing one R. E. Allen receiver of said property and directed him to take possession, preserve, and if necessary sell the same, and report to the court. The defendant Peter Biller appeals…