In re New England Lumber Co.

MORTON, District Judge.

The trustee, under an order made by the referee, has contracted to sell the real estate in question, a timber tract of some 5,000 acres in Maine. The trustee has tendered a deed made in pursuance of this order; and counsel for the purchaser have declined to accept it, upon the grounds that the order was made without notice to creditors as the statute requires (Bankruptcy Act, § 58 [Comp. St. 9642]), and that it was not within the province of the referee to enter an order for sale, but that such orders should be made by the District Judge.

The trustee recognizes the first…