Hanlon

Petitioners seek a peremptory writ of mandate to compel the respondent court and the respondent receiver appointed by said court to forthwith pay over to petitioners the balance of the sums collected by said receiver as rents from certain real property.

The controversy arises out of the conflicting claims of the parties to the real property involved. Respondent Western Loan & Building Company was the purchaser of said property upon a foreclosure sale under a deed of trust. Said purchaser thereafter commenced an unlawful detainer action to obtain possession and the receiver was appointed in that action. Shortly prior to the commencement of the unlawful detainer action, and without the knowledge of the plaintiff therein, the petitioners R. T. Hanlon and Martha Hanlon, his wife, had filed an action seeking to quiet title to the property and to enjoin the purchaser from asserting any claim thereto. Petitioners thereafter made a motion in the unlawful detainer action for the discharge of the receiver appointed therein, and before the hearing of said motion the purchaser filed a cross-complaint in the quiet title action seeking to quiet title against petitioners and applied for the…