Gilbert, J.
Under the pleadings and the evidence the court did not err in appointing a receiver to take possession of the property and to lease or rent the same pending final termination of the cause, and providing that the judgment might be .superseded upon the giving of bond. Judgment affirmed.
All the Justices concur.
The court, after hearing evidence, appointed a receiver “to take possession of said premises and. make the best lease or rent contract possible for the present year and for succeeding years, should this cause be still pending; and to hold in his possession any rents, issues, or profits from said lands pending the final termination of this cause.” But it was further provided in the order that either or both defendants might tender to the receiver, within twelve days, a solvent bond conditioned to pay the plaintiff all sums re covered by him as mesne profits, and retain possession of the premises. Error is assigned upon this judgment, because: (1) it is contrary to law and the evidence, and without evidence to support it; (3) “this being a suit in ejectment to recover the lands in controversyand the plaintiff showing the defendant in possession at and before the bringing of the suit, the court is without authority to enter any order or judgment ejecting the defendant from the premises sued for until after verdict and final decree in said case, and the effect of the judgment rendered by the court is the same as a writ of possession ejecting the defendants from the premises before final judgment, and that the mere! insolvency of the defendants or either of them is no reason for their ejectment from the premises in dispute until final verdict and decree against them;” (3) “the court had no right to appoint a receiver and no right to instruct the receiver to oust these defendants from the premises and to take possession thereof, and no right to require of these defendants a bond conditioned to pay mesne profits as required in the order of the court.”
M. B. Eubanics, for plaintiff in error.
Bunn & Trawick, contra.