PETITION FOR A RECEIVER.

"
William L. Bramley,
et ah,
vs.
Thomas
Tyree, et J.
To Your Honor al.
] \No. 683.
— In the Chancery Court, at Lawrenceburg, Tenn.
J the Hon. George H. Nixon, Chancellor:
petitioners, the complainants in the
above named cause, respectfully show to your
i.
That on the 3d day of January, 1878, they filed their original bill in said cause, alleging
(1) that the defendants had executed to petitioner Bramley, as trustee, for the benefit of the
other petitioners, a deed of trust on certain lands in said bill and deed described, said lands to
be sold by said trustee if the debts by said deed secured were not paid by March 30, 1878;
and alleging (2) that said defendants were in possession of said lands, and were stripping
the same of all its valuable timber, and committing other waste thereon, thereby greatly im-
pairing the value of said land, and impairing the security given petitioners by said deed of
trust; and (3) praying that the commission of waste be enjoined, alnd after the period fixed
therefore in the deed, (March 30, 1878,) that said trust be executed by a sale of said lands,
and the distribution of the proceeds among those thereunto entitled. Reference is here made
to said original bill, and said deed now on file in this cause, for a fuller statement of their
contents, and we pray your Honor to consider them as a part of this petition, on the hearing
thereof.
II.
Petitioners, in addition to what is stated in their said bill, now state to your Honor, that on
January 26, 1878, Eliza P. Tyree, wife of said Thomas J. Tyree, by her next friend, filed her
original bill in your Honor's said Court against petitioner and her husband, to have said
trust deed set aside, and have a resulting trust in said lands declared in her favor.
All of
the defendants to her said bill, except her husband, have answered the same, denying all of
its equities
but the pendency of her said suit throws such a cloud on the trustee's title to said
lands that a sale thereof, before the removal of such cloud, would result in their being
;
sacrificed.
in.
Petitioners would further state that it will probably be many months before the said suit
by said Eliza P. Tyree is terminated; that the object of said suit is to embarrass petitioners
in enforcing said trust; that said defendants are both insolvent, and nothing can be made out
of them by legal process, outside of said lands; that said lands will fall far short of paying
the debts secured by said trust deed, and that the rents and profits of said lands will be re-
quired to pay the residue of said debts.
IV.
Petitioners believe and charge that the object of the defendants in committing said waste,
and in bringing the said suit of said Eliza, is to obtain all they can out of said lands by
stripping it of its timber, and by holding the possession and enjoying the rents as long as
possible,, relying on their utter insolvency to shield them from the just claims and redress of
petitioners, whose said security is becoming less and less every day, while said debts are be-
coming more and more every day by the accumulation of interest. The time fixed in said
trust deed for its enforcement has now expired, and the trustee has now the right to proceed
with the sale of said lands; but such sale is not now desirable for the reasons already stated.
v.
The premises
considered, petitioners pray:
1. That your Honor will forthwith appoint a receiver to take charge of all of said lands,
and collect the rents and profits thereof, and hold them subject to your Honor's orders in
this cause.
That
2. secured by at the hearing, said rents said trust deed. And profits be applied to the satisfaction of the
debts. That your Honor will make all such other and further orders as may be necessary
and enforce petitioners' rights and equities in the premises.
3. to protect, secure, this is the first application for a receiver in this cause.