Page:North Dakota Reports (vol. 2).pdf/233

 APPEAL from District Court, Traill County. Hon. William B. McConnell, Judge.

J. E. Robinson, for appellant. Carmody & Leslie, for respondents.

Action in equity by John L. Grandin and William J. Grandin against E. G LaBar to quiet title to land. Before trial, and without notice to defendant, a receiver was appointed to take the crops planted by defendant on the land, and from the order making such appointment defendant appeals. Reversed.

J. E. Robinson, for appellant:

The appointment of the receiver ex parte was error. It is only in cases of the greatest emergency that such should be done. High on Receivers, § 111; Verplank v. Insurance Co., 2 Paige 438; Sanford v. Sinclair, 8 Paige 373; People v. Railroad Co., 55 Barb. 34; Id v. Id, 38 How, 228; Field v. Ripley, 20 How. 26; Bison v. Curry, 35 Iowa 72; French v. Gifford, 30 Iowa 148; Blondheim v. Moore, 11 Md. 452; Whitehead v. Wooten, 43 Miss. 523; Rogers v. Dougherty, 20 Ga. 271; Wusbaum v. Stein, 12 Md. 315; Field v. Ripley, 20 How. 26; How v. Ripley, 18 How. 138. Where an injunction is ample to protect the property until a motion can be made for a receiver, it is improper to deprive a party of possession without notice. McCarty v. Peake, 18 How. 140. See also People v. Simonson, 10 Mich. 335; Salling v. Johnson, 25 Mich. 489; Port Huron v. Jadge, 31 Mich. 456; McCombs v. Merryhew, 40 Mich. 725; Arnold v. Bright, 41 Mich. 207; Railroad Co. v. Judge, 44 Mich. 482; Jones v. Schall, 45 Mich. 379; Book y. Railroad Co., 45 Mich. 453. A suit in equity cannot be maintained when full relief can be obtained at law. Hipp v. Babin, 19 Howard 271; Parker v. Manufacturing Co., 2 Black 545; Grand Chute v. Winegar, 15 Wall. 373; Lewis v. Cocks, 23 Wall. 466; Killian v. Ebbinghaus, 110 U. S. 568. The complaint in this action is framed as a bill in equity and avers that plaintiffs have no remedy at law. At law they cannot succeed for want of a legal title. Hardin v. Jordan, 140 U. S. 371. In actions for the possession of realty a receiver may not be appointed. Sedgwick &