In Re Corralitos Co-Operative Drying & Canning Co.

F. A. Hihn Company, a corporation, and a creditor of said insolvent corporation, appeals from the order of sale of the property of said insolvent debtor.

The first objection on the part of the appellant is that the petition of the assignee for the sale is not sufficient; that it does not allege that the property of the insolvent has been assigned to the petitioner; that it does not show a necessity for the sale of the property; and that the description of the property is insufficient.

The petition states that the petitioner is the duly appointed, qualified, and acting assignee of the estate of the insolvent corporation; that as §ueh assignee he has taken possession of all the estate described in the petition, schedule, and inventory of said insolvent; that in order to pay the debts of said insolvent it is necessary to sell all of its estate vested in the petitioner as such assignee; that all of the personal property belonging to said estate, except a debt of five dollars due to said insolvent debtor from Peter G. Brown, is set out in full in the schedule and inventory attached to his petition on file in this court in said matter, and a full description of the real property of…