Peck

On May 26, 1941, the appellees filed in the United States District Court their petition under Section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203 , seeking a composition or an extension of time to pay debts, and for other relief under said Act. Their petition was approved and referred to the Conciliation Commissioner on the same date.

On November 6, 1941, an application for confirmation was filed. Before confirmation, the appellant filed her petition entitled “Petition of Myrtle D. Peck for Leave to Proceed with the Trial and Determination of an Action Pending Before the Superior Court of Los Angeles County, California”, in which it is recited:

That the petitioner is and for many years last past has been the owner and in possession of certain ranch property described, and in addition thereto a certain pipe-line, right-of-way for the same, and the water flowing therethrough running from the described property into the hills a distance of about five miles. That the debtors Frances Howard and Frederick Howard, are the owners and in possession of a described forty acre tract of land adjoining the property of the petitioner. That the right-of-way referred to crosses the land of the…