In re Kirkpatrick

On October 18, 1935, the debtors, who are husband and wife, filed identical petitions for composition and extension under section 75 of the Bankruptcy Act, as amended ( 11 U.S.C.A. § 203 ). On April 17, 1936, while the petition was still pending, -the respondent, E. H. Hardt, filed with the conciliation commissioner a petition for dismissal of the petition and for leave to sell farming real property in San Bernardino county, Cal., on which he held a deed of trust, upon which default had been-made, both as to principal and interest, prior to the institution of the proceedings. The petition was denied on September 26, 1936, and a petition for the review of the order is still *57 pending. On June 10,1936, the debtors were adjudged bankrupts under section 75 (s), as amended ( 11 U.S.C.A. § 203 (s). On October 13, 1936, the respondent caused the property to be sold by the Pioneer Title Insurance & Trust Company, trustee under the deed of trust, under the power of sale contained in the instrument. The method of the sale conformed to the provisions of section 692 of the California Code of Civil Procedure and sections 2924 and 2924b of the California Civil Code, as 'amended by St. 1935,…