Saratoga Chancery Court January 25, 1841 (Sea Insurance Co. v. Stebbins)

The chancellor decided in this case that in a suit to foreclose a mortgage, the court is only-authorized to appoint a receiver of the mortgaged premises where a party to the suit is in possession, either by himself or his tenants; that where a party to the suit is in possession by his tenant, the possession of the latter will not be disturbed by the appointment of the receiver; but he will be