In re Saxton Furnace Co.

J. B. McPHERSON, District Judge.

I do not see how the proposed •order of sale can be supported. The creditors who hold the furnace company’s bonds have a right, under the mortgage, to use them in payment of the purchase money if the property shall be sold by a judicial sale, and of this right they should not be deprived if their title is unimpeachable. If the trustee disputes their right to retain the bonds, averring that they have received a preference, it would seem to be his duty to obtain a judicial decision of the question, even at the cost of delay and inconvenience.

Moreover, the record…