Moser

This is an appeal from an order denying appellant creditor’s petition for dismissal of farmer bankruptcy proceedings under section 75 of the Bankruptcy Act, as amended, 11 U.S.C.A. § 203 , and denying creditor leave to proceed with foreclosure sale.

J. LeRoy Moser and his wife petitioned the lower court for a composition and extension of their obligations under section 75. They alleged that they were farmers within the meaning of the act; that they were unable to meet their debts as they matured; that their, assets exceeded their liabilities. The petition stated that the ranch (grapes) upon which they performed their farming operations was encumbered by deed of trust to appellant securing an obligation of about $20,000, principal and interest.

This petition was filed' April 9, 1937, approved by the court the same day, and a restraining order was issued forbidding Mortgage Guarantee Company, appellant, from proceeding with a threatened foreclosure sale until further order of the 'court.

The matter was referred to a conciliation commissioner. No composition or extension was obtained because the appellant, being the majority creditor, would not consent. Consequently, the…