In re Old Colony Trust Co.
Opinion
Lead Opinion
Hunt, J.
This is a petition for an order to show cause why wiqt of mandamus should not issue, commanding the District Court for the District of Nevada and the judge of said court to make forthwith an order for the immediate sale of the properties of the Union Land & Cattle Company, and directing the receiver to sell all of the property and assets of the said cattle company in his hands, and to fix the terms and conditions of sale in accordance with the judgment and decree of the Circuit Court of Appeals, rendered April 7, 1924, in appeals involved in First Federal Trust Co. v. First National Bank, 297 F. 353 .
Much of the history of the case will be found in Federal Trust Co. v. First National Bank, supra, which was an appeal from an order denying an application for a surrender of mortgaged property, and from an order denying a petition for intervention, and for immediate sale and liquidation, and from an order authorizing the incurring of further indebtedness. In the opinion in that case, referring to the petitions for immediate sale and liquidation, we said: “There is no reason or excuse for further continuance of the receivership, except to make a sale of the property for the best…