Favour

This appeal is from an order which, in a receivership proceeding, rejected the claim of a judgment creditor on the ground that the judgment on which the claim was founded had been satisfied.

The judgment was obtained by Margaret Cobb against Intermountain Building & Loan Association (hereafter called Inter-mountain) in an action by Cobb against Intermountain in the Superior Court of Yavapai County, Arizona. In that action Cobb obtained a writ of attachment. Thereupon the sheriff of Yavapai County made a return which purported to show that the writ had been levied on a real estate mortgage theretofore given by Thomas Short and wife to Intermountain. The judgment ordered that the attachment lien purportedly resulting from the levy of the writ on the mortgage be foreclosed. Accordingly a special execution was issued. Thereupon the sheriff made a return which purported to show that the mortgage had been sold by him to R. O. Barrett for an amount equal to that of the judgment, and that the judgment had thus been satisfied.

Meanwhile, prior to the purported sale of the mortgage, the District Court of the United States for the District of Arizona had appointed a receiver of…