California, United States of America
The following excerpt is from Barclays Bank of California v. Superior Court, 137 Cal.Rptr. 743, 69 Cal.App.3d 593 (Cal. App. 1977):
In Mines v. Superior Court, supra, 216 Cal. 776, 16 P.2d 732, a trust deed provided, among other things, that upon default the 'trustee' (sic) could "collect, take over and receive all tolls, earnings, income, rents, issues and profits of the trust estate." Upon default thereunder the trustee commenced what the court equated with an action 'to obtain specific performance of certain covenants . . ..' Although the trust deed appears to have had no provision for the appointment of a receiver, such a receiver was appointed to collect the 'rents, issues and profits' of the property. The high court found the appointment valid, stating: 'Specific performance being a proceeding within the cognizance of a court of equity, the court had jurisdiction in such a proceeding to appoint a receiver, under section 564, subdivision 7, of the Code of Civil Procedure.' (216 Cal., pp. 778--779, 16 P.2d p. 733.)
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