Brashear

This appeal is from a decree of the District Court for Southern California which, after final hearing, dismissed, the bill of complaint in a suit for the appointment of ancillary receivers of the property of Inter-mountain Building & Loan Association, a Utah corporation (hereafter called Inter-mountain), situate in California.

Organized in Utah, Intermountain did business in California and Arizona. In California, it was subject.to the California Building and Loan Association Act 1 and was under the supervision and control of the California Building and Loan Commissioner. On March 29, 1934, it appearing to the Commissioner (Friend W. Richardson) that Intermountain was conducting its business in an unsafe manner, the Commissioner took possession of Intermountain’s property in California, pursuant to § 13.11 of the Act. 2 Thereafter, pursuant to §§ 13.13 3 and 13.16 4 of the Act, the Commissioner proceeded to 'liquidate Intermountain’s affairs in California. Such liquidation was in progress when this suit was commenced, February 27, 1936.

Plaintiffs in this suit (hereafter called the Brashear suit) were Julius G. Brashear, Charles E. Griggs and wife, Henry S. Mc- *859 Cluskey and…