McConaghy

In a prior divorce action, plaintiff obtained an interlocutory decree of divorce on May 9, 1961. There, the court held that a trailer park in San Ysidro was held by the parties as joint tenants. Thereafter, plaintiff wife filed this action for partition, for waste, and asked for the appointment of a receiver of the property. On June 1, 1962, the court rendered an interlocutory decree in this action appointing a receiver and directing a sale of the property. Defendant here appealed from this decree and the appeal was subsequently dismissed on motion in this court for failure to perfect the appeal. The decree became final. It provided that a receiver be appointed, naming him, and a bond of $5,000 was fixed and posted. The receiver was directed to take charge of the property and order such work done and repairs made as to comply with the city ordinances and to pay for same out of the rents and profits, and if these were insufficient the receiver was to have the authority to borrow such funds as might be needed and use the real property as security therefor upon approval of the court as to the amount and terms.

On September 28, 1962, an order to show cause was issued and served on…