Goes

The appeal in this action is from an order appointing a receiver of the furniture, furnishings and fixtures contained in the thirteen-story building for which a re *375 ceiver was appointed, and the order making such appointment was affirmed by this court in the case of Baumann v. Bedford, L. A. No. 16879 (ante, p. 366 [ 115 Pac. (2d) 437 ]), in an opinion this day filed.

The present action is one in claim and delivery to recover possession of said furniture, furnishings and fixtures and was brought by the plaintiff, a purchaser under a deed of trust, against the defendant Will H. Perry, who, it is alleged, unlawfully withholds possession of said property from plaintiff. The respondent, Anna Baumann, intervened in said action, claiming that the money used to purchase said property at the trustee’s sale thereof was wrongfully appropriated from a trust fund belonging to the plaintiff and her co-owners of the real property upon which said building is situated and in which said personalty was used at the time of the purchase thereof by plaintiff. Intervener therefore seeks to impose a trust upon said personal property in favor of herself and associates on the ground that the purchase…