Beecher

Appellant Beecher has appealed from several orders of the district court. Among them is an order of November 3, 1945, permitting the appellee to resume proceedings in the superior court of the State of Washington in foreclosure of appellee’s lien on the orchard and home of Beecher, a part of the bankruptcy estate, by allowing a sheriff’s sale of the property.

We are of the opinion that the district court had no power to grant such an order during the pendency of the proceeding under Section 75, sub. s, of the Frazier-Lemke Act, 11 U.S.C.A. § 203 , sub. s, at this stage of the proceedings. Sections (o) and (p) of that Act prohibit such action unless after hearing and report of the Conciliation Commissioner, which was not had. Bastian v. Erickson, 10 Cir., 114 F.2d 338 ; Schriever v. Oxford Bldg. & Loan Ass’n, 6 Cir., 116 F.2d 683 .

We reverse the order insofar as it permitted a sheriff’s sale. It appears that the sale was held, that appellee was the purchaser, and the sheriff’s deed delivered to it. We order that the district court exercise its jurisdiction over appellee to require it to restore the situation of the parties to that which existed prior to the making of the…