Franklin

This is an appeal by E. J. Franklin, a creditor of Romola, Incorporated, a Nevada corporation, from an order of the District Court made June 16, 1931, “ordering the receiver to turn over to petitioner and respondent Ethanae Rancho, Ltd., personal property, etc.” We quote from the petition for appeal and the order allowing the same.

The ap-pellant claims that in the order appealed from the trial court required the receiver to turn over to the Ethanae Rancho, Limited, some $28,000 which the receiver had collected upon contracts which had been assigned to and which belonged to the appellant. Respondent contends in effect that the money thus paid the receiver and turned over to the respondent was not paid upon the contracts in question at all, but under a separate and distinct agreement.

In order to understand the relative- contentions of the parties, it will be necessary to more fully state the facts involved and this we will endeavor to do as briefly as may be. It appears that one Ilursh, the promoter of the Romola, Incorporated, conceived the idea of purchasing, subdividing, improving, and selling about 9,000 acres of land, near the city of Perris, in the county of Riverside,…