Collins

Appellant moves for an order vacating a sale of real property made pending appeal in alleged violation of a stay order granted by this court.

On August 31, 1938, the Superior Court in and for the City and County of San Francisco made its order terminating a moratorium decree theretofore entered and directing that sales under certain trust deeds “proceed as provided by law”. The defendant in the action, as owner of the property, thereupon noticed an appeal to this court from said order. Shortly thereafter, and to preclude a sale of the property pending appeal, the appellant filed with this court a petition for a writ of supersedeas. Upon consideration of the petition, this court on -September 26, 1938, issued its order directing the respondents to show cause on October 4th why a supersedeas should not issue as prayed. The order to show cause thus issued by the court made no provision for a stay. However, two days after the issuance of such order and on September 28, 1938, counsel for the appellant presented for filing, after having received permission therefor, a form of order to show cause which contained a provision for a stay in the following language: “And in the meantime and…