McConaghy

This is an appeal from an order directing the sale of property.

The parties were formerly husband and wife but since divorced. In an interlocutory judgment directing sale of the subject property, a trailer park, they were found to be tenants in common, each owning an undivided one-half interest. As a part of its decree the court appointed a receiver to take charge of and to manage and operate the trailer park, to improve it to the point where it would comply with the Municipal Code of the City of San Diego and as referee to sell the same at private sale for the best price and on the best terms available. The decree further directed partial distribution of the proceeds of sale but reserved the right to determine the amount of waste, apparently caused by appellant Robert McConaghy, before dividing the residue between the parties.

The receiver offered the property for sale on the open market over a period of six months prior to October 28, 1963. With the exception of the offer which precipitated the order appealed from, no bona fide offers to purchase the property were received. The subject offer was made contingent upon the closing of escrow and delivery of possession of the…