Harlan F. Stone

“ The right asserted before the referee by the trustee in bankruptcy to compel a conveyance to the bankrupt of property adversely claimed is one which may be asserted by the trustee in a plenary suit. By section 23a of the Bankruptcy Act, 11 USCA § 46 (a) and section 291 of the Judicial Code (28 USCA § 431 note) , District Courts of the United States, which by section 1 (8) of the Bankruptcy Act, 11 USCA § 1 (8) are courts of bankruptcy, are given jurisdiction of all controversies in law or equity between trustees and adverse claimants concerning the property claimed by the trustee. ”

“ It also held that the referee had power to make the order, since Lyvers had participated in the litigation without objecting to its summary form until after the order had been made. We think that the judgment should be affirmed. ”