In the case of statutory authority or express authority in a mortgage to appoint a receiver, it is usually provided either that the receiver shall be deemed to be the agent of the mortgagor (e) or that the appointment shall be made by the mortgagor, on the nomination of the mortgagee, and if an appointment is made pursuant to such authority, the mortgagor, not the mortgagee, is responsible for the acts or defaults of the receiver, and the mortgagee is not chargeable as a mortgagee in possession (f).

A mortgagee may of his own authority appoint a receiver, but in such case the receiver will be the agent of the mortgagee, who will be deemed to have taken possession and will be liable to account as a mortgagee in possession (g).