Laugharn

This is an appeal by the United States Tungsten Mines Company, Limited, from an order of the District Court affirming an order of the referee in bankruptcy in respect to the disposition of certain funds held in escrow.

The pertinent facts are as follows: Watterson Bros., Inc., was adjudicated a bankrupt and Jess Hession was elected trastee. Later, Hession resigned and appellee Hubert P. Laugham was chosen as his successor. Tungsten Products Company, a corporation, hereafter referred to as Tungsten Company, is also a bankrupt, and appellee Wm. H. Moore, Jr., is its duly qualified trustee. The first-named bankrupt elaims to be the owner of a certain reduction and concentration mill, machinery, etc., and three certain unpatented mining claims, all located in Inyo county, Cal. The Tungsten Company also claims to be the owner of certain unpatented mining claims located in the same county, known as the Blizzard group of mines.

December 15, 1930, one Cecil S. Coan, as purchaser, entered into a written contract with said Hession, as trastee of the estate of Watterson Brothers, bankrupt, as seller, by the terms of which contract the latter agreed to sell to the former the following…