Edwards

This action was commenced by the plaintiff and respondent, William B. Edwards, against the defend ant and respondent, Western Land & Power Company. The complaint, briefly stated, set forth that the plaintiff is the vice-president and general manager of the defendant, and is also the owner of almost all of its stock; that the defendant is the owner of a large amount of property situated in Lassen County, which, through the neglect of the directors of said defendant to properly attend to its affairs, is in danger of being lost to the defendant, and will be so lost unless the court appoint a receiver to take charge of the property and business of the defendant within the state of California. Wherefore the plaintiff prays for the appointment of such receiver, and also prays for general relief.

Upon the filing of this complaint one Frederick B. Lathrop was appointed ex parte receiver, and on the same day he duly qualified as such by taking his oath of office and filing the required bond, and thereupon entered into the possession, custody, and care of the property of the defendant.

The record further discloses that the defendant had purchased a large portion of its said property in…