§ 30-3-105 — Temporary receiver

(a) Upon the filing of the application referred to in § 30-3-104 , the court may for cause shown appoint a temporary receiver to take charge of the property of the absentee and conserve it pending hearing upon the application. Such temporary receiver shall qualify by giving bond in an amount and with surety to be approved by the court and shall exercise only the powers named by the court. (b) Should a permanent receiver be appointed, the temporary receiver shall turn over all property in the temporary receiver's possession, less such as may be necessary to cover the temporary receiver's expenses and compensation as allowed by the court, to the permanent receiver, and shall file the temporary receiver's final account and upon its approval be discharged. (c) Should the application for permanent receiver be denied, the temporary receiver shall restore to those from whom it may have been obtained all property in the temporary receiver's possession, less only as may be necessary to cover the temporary receiver's expenses and compensation as allowed by the court, and shall file a final account and be discharged. Where the application is denied the expenses of the temporary receivership and the compensation of the temporary receiver may, in the discretion of the court, be taxed as costs of the proceeding to be paid by the applicant and shall be enforceable by the temporary receiver against the applicant.

Legislative History

Acts 1941, ch. 102, § 3; C. Supp. 1950, § 8407.12; T.C.A. (orig. ed.), § 30-1805.