MacKinnon

This is an appeal from an order of the District Court confirming a sale to appellant of all the property, real and personal, belonging to the defendant in an equity receivership. From this order the purchaser to whom the sale was confirmed takes this appeal. The sale was held at public auction at the door of the county courthouse in San Diego county on October 20, 1933, after notice given in pursuance of the order of court and as provided by statute (Act March 3, 1893, 27 Stat. 751 , 28 USCA §§ 847-849). A return of the sale was made October 27,1933, and came on for confirmation on February 16, 1934, and was confirmed March 28, 1934. The objections of the appellant to the order of confirmation were overruled. Inasmuch as the appellant did not bid at. the sale and objected to the confirmation upon that ground, the order of confirmation is clearly erroneous unless the receiver was justified in considering a bid made by the appellant and one E. J. Preston on June 16, 1933, as a bid made at the publie sale held October 20, 1933. In order to understand the position of the receiver and of the trial court in accepting a bid which was not tendered and in confirming the bid which was not…