Jurisdiction over marital property in suit for divorce.

- Since a state court hearing a suit for divorce and division of property asserts quasi in rem jurisdiction over the marital property, where the court's order providing for the sale of the property and division of the proceeds had not yet been complied with, that court still had and continued to exercise quasi in rem jurisdiction over the property, and the federal district court therefore had no power to appoint a receiver to effectuate the sale of the property as required by the divorce decree. Cavalino v. Cavalino, 601 F. Supp. 74 (N.D. Ga. 1984).

This section was applied where insolvent husband occupied joint property to exclusion of his wife after a divorce. Baggs v. Baggs, 55 Ga. 590 (1876) (see O.C.G.A. § 9-8-2).

In suit between cotenants of real estate, receiver may be appointed where the plaintiff's title or right is probable and a receivership is necessary for the preservation of the subject matter of the suit or for the protection of the interests of the parties therein pending the litigation. Waycross Military Ass'n v. Hiers, 209 Ga. 812, 76 S.E.2d 486 (1953).

Probable loss or injury must be shown.

- Even a dispute among cotenants will not constitute ground for a receivership in this state unless there is the element of probable loss or injury to the complainants. Astin v. Carden, 194 Ga. 758, 22 S.E.2d 481 (1942); Liddell v. Johnson, 213 Ga. 752, 101 S.E.2d 755 (1958).

Receiver appointed where insolvent cotenant holds to exclusion of others.

- A receiver may be appointed to take possession of undivided valuable property held by an insolvent tenant in common to the exclusion of the other cotenants. Williams v. Jenkins, 11 Ga. 595 (1852).

A court of equity has jurisdiction to appoint a receiver at the instance of one tenant in common against the cotenants, who are in possession of undivided valuable property, receiving the whole of the rents and profits, and excluding their companion from the receipt of any portion thereof, when such cotenants are insolvent. Liddell v. Johnson, 213 Ga. 752, 101 S.E.2d 755 (1958).

Receivership improper where cotenant solvent and no need shown.

- Where, on the trial of an equitable petition for the partition of real estate and accounting between tenants in common, the evidence shows that the defendant against whom the charges of mismanagement were made is solvent, and no necessity for a receivership is proved, it is error to appoint receivers to take possession of and to hold and manage the property in question pending final disposition of the case. Liddell v. Johnson, 213 Ga. 752, 101 S.E.2d 755 (1958).

Partnership assets.

- A receiver may be appointed to take charge of assets of a partnership after dissolution where the partners disagreed as to values of property, and mutual charges of mismanagement were alleged. Terrell v. Goddard, 18 Ga. 664 (1855); Boyce v. Burchard, 21 Ga. 74 (1857); Bennett v. Smith, 108 Ga. 466, 34 S.E. 156 (1899); Pritchett v. Kennedy, 140 Ga. 248, 78 S.E. 902 (1913).

Where the surviving partner continued the business beyond the time allowed by law, the partner's possession will not be disturbed if the partner is solvent and can comply with any decree of the deceased partner's estate. Huggins v. Huggins, 117 Ga. 151, 43 S.E. 759 (1903).

Appointment of receiver may be authorized by refusal of trustee to perform trust. McDougald v. Dougherty, 11 Ga. 570 (1852).

Appointment of receiver if property is in danger of being wasted or misapplied to the detriment of creditors. Jones v. Dougherty, 10 Ga. 273 (1851).

Appointment of receiver if purchaser has innocently placed valuable improvements on trust property. Malone v. Buice, 60 Ga. 152 (1878).

Receiver appointed where trustee dies or resigns.

- A receiver may be appointed to protect property after death or resignation of a trustee. J.G. Bailie & Bro. v. McWhorter, 56 Ga. 183 (1876); Robert v. Tift, 60 Ga. 566 (1878); McFerran, Shallcross & Co. v. Davis, 70 Ga. 661 (1883).

When receiver appointed pending action to remove trustee.

- A receiver will not be appointed pending an action to remove a testamentary trustee, unless it is feared that property will not be forthcoming to answer the decree. Poythress v. Poythress, 16 Ga. 406 (1854).

Sales by trustee without consent of beneficiary.

- Where the court granted a trustee the power to sell property, and the beneficiaries bring a bill to set aside the sale because they had not consented thereto, if sale has been rescinded, the court may appoint the trustee as receiver to sell the property. Burwell v. Farmers & Merchants Bank, 119 Ga. 633, 46 S.E. 885 (1904).

Foreclosure of trust deed.

- Where property mortgaged by a trust deed is subject to an impending tax sale, a receiver may be appointed at the instance of a bondholder where the trustee refuses to foreclose. Etna Steel & Iron Co. v. Hamilton, 137 Ga. 232, 73 S.E. 8 (1911).

Cited in Knight v. Knight, 75 Ga. 386 (1885); Joselove v. Bohrman, 119 Ga. 204, 45 S.E. 982 (1903); Georgia Portland Cement & Slate Co. v. Jackson, 139 Ga. 668, 77 S.E. 1055 (1913); Globe & Rutgers Fire Ins. Co. v. Salvation Army, 177 Ga. 890, 172 S.E. 33 (1933); Rogers v. McDonald, 224 Ga. 599, 163 S.E.2d 719 (1968); Adler v. Ormond, 119 Ga. App. 60, 166 S.E.2d 384 (1969); Petrakopoulos v. Vranas, 325 Ga. App. 332, 750 S.E.2d 779 (2013).

Am. Jur. 2d.

- 65 Am. Jur. 2d, Receivers, §§ 6, 27, 29, 31.

C.J.S.

- 75 C.J.S., Receivers, §§ 24 et seq., 29, 30.

ALR.

- Appointment of receiver after decree or judgment, 111 A.L.R. 500.

Right to appointment of receiver in action between persons owning or claiming to own undivided or successive interests in property or fund, 127 A.L.R. 1228.