Cowan
Fallbrook Public Utility Dist. v. Cowan
Opinion
Lead Opinion
Stephens, J.
The District Court, upon review, affirmed an order of a Conciliation Commissioner-Referee in Bankruptcy, denying the petition of Fallbrook Public Utility District for permission to institute and maintain an action in the State Court against Mina L. Cowan, Debtor, and II. R. Cowan, her husband, to quiet title to certain real prop *514 erty, and to set aside a restraining order theretofore issued against it by the Conciliation Commissioner-Referee, which restrained it from selling or attempting to sell the referred to real property.
Fallbrook Public Utility District appeals, §§ 47, 48, 11 U.S.C.A.
Fallbrook Irrigation District was a public corporation, organized prior to the year 1933, Cal.St.1897, p. 254 — Deering General Laws Act 3854, p. 1792, and existed until dissolved in 1938. At or about the time of its dissolution, according to the terms of an alleged contract, made and entered into by and between it and Fallbrook Public Utility District, a public corporation, Cal. St.1913, p. 450, all of its assets were acquired by the latter.
We shall refer to Fallbrook Irrigation District as Irrigation District, and Fall-brook Public Utility District as Utility District.