Cleveland Trust Co. v. Capitol Theater Co.

Maxwell, Judge:

This is an appeal from two decrees of the circuit court of Ohio County, the first, November 26, 1934, directing immediate sale of the real estate involved, and the second, July 27, 1935, refusing to terminate the existing tenancy pending sale. The suit is based on a deed of trust. The trustees appeal.

In their bill of complaint, the trustees pray for a receivership, sale of the property and general relief, but they take the position that it would be for the best interest of the lien creditors (bondholders) that the property be not immediately sold, as required by the court. They…