McKinnon-Young Co. v. Stockton
McKinnon-Young Co. v. Stockton
Opinion of the Court
—This is the second appeal of this cause to this court from interlocutory orders made therein. For a full statement of the facts and proceedings therein, see 53 Fla. 734, 44 South. Rep. 237; from which it will be seen that the former appeal was from orders overruling a plea and demurrers filed by the appellants to a petition exhibited against them by the appellees, as trustees and receivers of the court, alleging a wrongful and unwarranted trespass upon the properties in their hands as such trustees and receivers and a wrongful and unauthorized conversion by said appellants of said properties or parts or proceeds thereof. On July 20th, 1907," after this court had passed upon the questions presented in the former ’appeal, affirming the orders appealed from, and notified the court below of its action by its mandate, the circuit judge, on the application of the appellees, made the following order:
*710 “In the Circuit Court, in and for Levy County, Florida. In Chancery.
H. A. Williams, et al., v.
Wylly-Gabbett Company, et al.,
George W. Owens, as Trustee, v. '
Wylly-Gabbett Company,
In the matter of petition of John N. C. Stockton and E. W. Lane, as trustees, petitioners, v. The McKinnonYoung- Company, a corporation, S. H. MJcKinnon, Ed. Goins, M. T. Marshburn and B. V. Page, respondents. The above entitled cause coming on this day to be heard on the'application of said John N. C. Stockton and E. W. Lane, as trustees in the above mentioned matter of said petition of said trustees against said respondents, the McKinnon-Young Company, a corporation, S. H. Mc-Kinnon, Ed. Goins, M. T. Marshburn and B. V. Page, filed the 30th day of June, 1906, for order requiring- the said respondents to said petition of said trustees to file their answers to said petition and accounts or statements of account, as part of such answer, as prayed -in the petition. It is ordered that the said above named respondents to said petition, and each of them, within thirty days from date hereof, do file their answers to said petition, and as part thereof, do state and discover the turpentine, rosin, naval stores and other products, if any, taken by said respondents, or any of them, from the trees on said lands mentioned and described in said petition since the date of the appointment of said George W. Owens, as receiver, to-wit: the 5th day .of May, 1905, and the amounts and values of said turpentine, rosin, naval stores and other products, if any, so taken*711 by said respondents, or either of them from said lands during said period.
Done this July, 20th, 1907.
J. T. Wills, Judge.”
From this order the present appeal is taken.
Five reasons are assigned as to why this order is erroneous, viz.:
(1) Because said order is entitled of the cause of George W. Owens, trustee, v. Wylly-Gabbett Company, the petition not having been filed in said cause.
(2) Because said order prescribes that the. said answers shall state and discover the turpentine, rosin, naval stores and other products if any taken from the trees on the lands.
(3) . Because said order requires a discovery of such naval stores taken from said lands from the date of the appointment of Owens, as receiver, a time prior to the appointment of Stockton and Lane-as trustees, who are the petitioners.herein.
(4) Because said order provides for a recovery for naval stores taken from the lands prior to the appointment of the petitioners Stockton and Lane, as trustees.
(5 ) Because no order as to discovery should be made until the. equities’ of the case have been settled after answer by defendants, and said order is erroneous in so far -as it calls for a discovery .prior to the settlement of the equities in the controversy.
The first of these assaults upon the said order is captious.
The case of H. A. Williams, et al., v. Wylly-Gabbett Company, George W. Owens, et al., had, prior to the making of this order, been dismissed, and prior thereto, on June 26th, 1907, the judge had made a decree to the effect that all proceedings heretofore taken and had by the said Stockton and Lane, as trustees in said cause of
What has been said disposes of the first, third and fourth grounds of objection to the order appealed from.
There is no merit in the second and fifth grounds of objection thereto. In the former appeal of the case, the question raised by these objections has virtually been decided. In that case, we held in effect, that if the allegations of the petition of the appellees were true, there was an unwarranted interference with the property in the hands of the appellees as receivers of the court, and subjected the appellants to the summary remedy sought by said petition. One of the reliefs sought by said petition was that the appellants might be required to' discover upon their oaths what turpentine, rosin, naval stores and other products they had taken from said lands from 5th of May, 1905, when the same were taken possession of by the court through its receivers, up to the present time, and this prayer of said petition, sustained as being proper by the former decision of this court upon.the demurrer to such petition, the order of the court appealed from herein requires the defendants to such petition to comply with. Such discovery upon the appellants’ part is proper in order to advise the court of the extent, if any, of their interference with the properties in the custody of the court, and becomes necessary in order to enable the court intelligently to redress the injury, if any has been done. -In their answers, the appellants will have the opportunity to show, if they can, that their acts in the premises have been authorized, or were not unwarranted, and were not a contempt of the court in. its possession of said properties through its receivers, and that they are not accountable or liable to such receivers for the property
Finding no error, the decree of the circuit court appealed from in said cause is hereby affirmed at the cost of the appellants.
Hocker and Parkhill, JJ., concur;
Shackleford, C. J., and Whitfield, J., concur in the opinion;
Cockrell, J:, took no part in the decision.
Reference
- Full Case Name
- The McKinnon-Young Company, a corporation, S. H. McKinnon, Ed. Goins, M. T. Marshburn and B. V. Page v. John N. C. Stockton and E. W. Lane, as Trustees and Receivers of the Wylly-Gabbett Company, a corporation
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Receivers—Successive Receivers—Rights, Duties and Powers of—Contempt Proceedings for Interference With Property in Hands of Receiver—Discovery Prom Trespasser on Land in Hands op Receiver.' 1. In a legal sense property placed by a court in the hands of a receiver is not in the possession of such receiver, but in the possession of the court, through such receiver as its officer. 2. Where a receiver is appointed over property in litigation, and, pending such suit, is removed and another party appointed receiver in his place and stead without a release by the court of its custody and possession of the. property involved, such succeeding receiver has all the rights, powers and duties of his predecessor or predecessors in the receivership, and it can make no difference with any third person who unwarrantably interferes with or trespasses upon property while in the possession of the court through its receiver as to who the individual was that was receiver at the time of such interference or trespass. The trespass in such case is not against the receiver as an individual, but against him as the official representative of the court, and a succeeding receiver appointed subsequently to such trespass can take the same steps looking to its redress as could his predecessor in the office of receiver at the time of the trespass. 3. In a proceeding by petition filed by a receiver of the court in an equity cause against third parties alleged to have unwarrantably interfered and trespassed upon lands in the possession and custody of the court through its receiver, for summary redress of such trespass in the nature of contempt proceedings, it is proper for the court to require the defendant in such proceeding to discover on oath in his answer to such petition the quantity and value of the products of such lands, if any, that may have been removed therefrom and appropriated by such defendant during the entire time since such land was first taken into the custody of the court through its receiver, whether such trespass occurred subsequently to the appointment of the receiver filing such petition, or prior thereto during the administration of a predecessor in such receivership.