Zenoff
Zenoff v. Ketcham
Opinion
Lead Opinion
Hamlin, J.
The order of the district court from which this appeal is taken commences by saying, “This matter is a masterpiece •of confusion.” We agree.
On March 1, 1957, the appellants filed a petition in the United States District Court for the District of Nevada seeking to have Charles J. Ketcham adjudicated an involuntary bankrupt. The matter was referred to a referee who held a hearing on April 13, 1957, and dismissed the petition on June 18, 1957, on the ground that “Charles J. Ketcham, is now and has been for more than six months prior to March 1, 1957, a resident of and domiciled within the State of California.” A petition for the review of this order was timely filed on July 6, 1957.
Pending the hearing on the petition to declare Ketcham an involuntary bankrupt, the referee had issued an injunction restraining the sale under a deed •of trust of certain real property alleged to belong to Ketcham, but when the petition was dismissed on June 18, 1957, no ■order was made continuing the injunction in effect. The real property secured by the deed of trust was sold at foreclosure sale on July 2,1957, and on the same ■day that the petition for review of the referee’s order was filed,…