Page:United States Statutes at Large Volume 47 Part 1.djvu/973

 72d C ONGRESS. SESS. II. CA. 127. FEBRUARY 27, 1933 . 949 SEC. 244. RELEASE OF REAL PROPERTY FROM ATTACHMENT .-An erR Release of m propl attachment as to any real property may be released by a writing signed by the plaintiff, or his attorney, or the officer who levied the writ and acknowledged in the manner provided in chapter 22 of the Pas t, p. 1164. Civil Code ; and upon the filing of such release, it is the duty of the registrar of property to note the same on the record of the copy of the writ on file in his office. Such attachment may also be released by an entry in the margin of the record thereof, in the registrar's office, in the manner provided for the discharge of mortgages under section 1349 of the Civil Code. SEC. 245. ATTACHMENT OF INTEREST OF D EFEN DANT IN ESTA TE OF Attachment of de. DECEDENT.-The interest of a defendant in personal property belong- tat~tae cean t in ing to the estate of a decedent, whether as heir, legatee, or devisee, may be attached by serving the personal representative of the dece- dent with a copy of the writ and a notice that said interest is attached. Such attachment shall not impair the powers of the representative over the propert y for the purpos es of administra tion. A copy of said writ of attachment and of said notice shall also be filed in the office of the clerk of the court in which said estate is being administered and the personal representative shall report such attachment to the court when any petition for distribution is filed, and in the decree made upon such petition distribution shall be ordered to such heir, legatee, or devisee, but delivery of .such property shall be ordered to the officer making the levy subject to the claim of such heir, legatee or devisee, or any person claiming under him. The property shall not be delivered to the officer making the levy until the decree dis- tributing such interest has become final. RECEIVERS SEC. 246. APPOINTMENT or RECEIVERS .-A receiver may be appointed by the district court in an action pending therein, or by the judge of said cou rt. 1 . In ar. action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose ri ght to or intere st in the proper ty or fund, or t he pro- ceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured ; g 2. In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mort- aged property is in d anger of being lost, removed, or materially injured, or that the condition of the mortgage has not been pe r- formed, and that the property is probably insufficient to discharge the mortgage debt ; 3. After judgment, to carry the judgment into effect ; 4. After judgment, to dispose of the property according to the judgment, or to preserve it duri'ng the pendency of an appeal, or in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his prop- ert in satisfaction of the judgment ; 9 In the cases when a corporation has been dissolved, or is insol- vent, or in immi nent d anger of in solve ncy, or . has forfeited its corporate rights ; 6. In all other cases where receivers have heretofore been appointed by the usages of courts of equity. Rec eiv ers. Appointment of. i