Opinion
December 17, 1951.
Action to set aside a deed creating a tenancy by the entirety, upon the ground of fraud or for partition upon the ground that such deed created a tenancy in common. An order has been made granting plaintiffs' motion for the appointment of a receiver of rents pendente lite. Upon the argument of the appeal from that order, counsel for the parties, by stipulation in open court, agreed to the reversal of the order upon certain stated conditions, subject to this court's approval. Upon that stipulation and upon the appeal record the order is reversed, without costs, and motion denied, without costs, upon the following conditions: (a) that within five days after entry of the order hereon the appellant file an undertaking with corporate surety in the sum of $30,000, as security for the payment of any moneys as the court may direct and the payment of all costs and disbursements which may be awarded; (b) that appellant, on or before January 1, 1952, shall make, file and serve upon respondents' attorney a detailed account of all such rents theretofore collected and all expenditures made therefrom; (c) that on the first of each month after January, 1952, appellant shall make and file a similar account for each preceding month; (d) that all such rents so collected shall be deposited in a bank account separate and apart from other funds of appellant, and expenditures therefrom shall be made only for the maintenance, upkeep and protection of said real property; and (e) that appellant shall make no transfer of any right, title or interest in the premises in question nor create or permit any incumbrance upon the said properties or any interest therein during the pendency of this action. In the event that the undertaking hereinbefore required be not filed within the time herein limited therefor, the order is affirmed, with $10 costs and disbursements. Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.