Partington

This appeal is from an order denying a motion to dismiss a proceeding under section 75 of the Bankruptcy Act (11 U.S. C.A. § 203), and to set aside orders said to *588 have been made by a conciliation commissioner.

Appellee, Mary C. Partington, commenced this proceeding on June 6, 1934, by filing a petition which stated that she derived all her income from farming operations; that she was the owner of property on which appellant held a mortgage which it was seeking to foreclose in a state court of California; that a receiver had been appointed in the foreclosure proceeding; and that appellee was unable to meet her debts and desired to effect a composition or extension. The petition prayed for relief under subsections (a) to (r), inclusive, of section 75 of the Bankruptcy Act ( 47 Stat. 1470 , 11 U.S.C.A. § 203 (a-r). Thereupon, on June 6, 1934, the District Judge approved the petition and referred the case to a conciliation commissioner.

On September 15, 1934, appellee filed an amended petition, stating that she had failed to obtain acceptance of her composition or extension proposal, and praying to be adjudged a bankrupt, pursuant to subsection (s) of section 75 (Frazier-Lemke…