Nicholson

Reversal is sought by the receiver of an order of the District Court granting permission to appellee Western Loan & Building Company to foreclose its trust deed purstz-ant to the terms thereof on a certain apartment.

The receiver, by consent of the debtor, was appointed at the suit of a general creditor alleging indebtedness to itself in the sum of $3,062.40, and to various other persons in the sum of $2,362,900, included in which were first mortgage notes to appellee of $1,485,000, second mortgage trust deed notes, $413,700 to another. The value of the propez*ty, it is alleged, is $3,482,625, comprising sixteen apartments, nine of which are partially constructed; that the properties of the defendant had a value greatly in excess of indebtedness. The appellee was not a party to the proceeding.

*517 { .es went into the custody oi' the roce. .id on petition he was granted permission 10 take from the appellee Western Loan & Building Company the unpaid balance of the funds to use for the completion of the apartments, as provided by the terms of the loan agreement. The general creditors, the receiver, and the second trust deed holders collaborated and co-operated with each other for…