Hoffman

A complaint filed by the purchaser, praying damages, possession of real property and the appointment of a receiver following a sale under a deed of trust, and alleging that said property consisted of an apartment house with an income in excess of $1200 per month, that the defendant was insolvent, and would collect and ’divert the proceeds, resulted in such appointment. One of the defendants, successor in interest of the obligors, appealed.

It is contended that since said suit was formally in the nature of an unlawful detainer action it was not authorized by the Code of Civil Procedure, and that the trial court was without power to appoint a receiver therein. Section 1161 of said code provided in part' that a tenant -of real property for a term less than life would be guilty of unlawful detainer when he (1) continued in possession after expiration of the term; (2) after a failure to pay rent, or (3) after a failure or neglect to perform other conditions or covenants of a lease or agreement under which the property was held. By section 1161a, one holding over after three days’ notice as prescribed in the chapter on forcible entry and unlawful detainer might be removed where 'the…