Horace Gray

“ According to the statements of the certificate, the present case is a bill in equity, filed by a trustee in bankruptcy in the district court of the United States in which bankruptcy proceedings are pending, against persons to whom the bankrupt, before the pertition in bankruptcy, had made a sale and conveyance of property, which the plaintiff sought to set aside as fraudulent against creditors, but which the defendants asserted to have been made in good faith and to have vested title in them. ”

“ On the filing of the bill the district judgeissued an order to Wall and Huske to show cause why a receiver should not be appointed to take charge of the stock of goods, and issued an injunction restraining them from disposing of it until the further order of the court. ”

“ On January 6, 1900, Wall and Huske, 'specially appearing under protest for the purpose of this plea, and for no other,' filed a plea and demurrer assigning as reasons that the plaintiff had an adequate remedy at law; that the district court had no jurisdiction to entertain this bill, or to determine the question arising between the plaintiff, as trustee in bankruptcy of Gilbert, and these defendants; that the defendants claimed title to the property described in the bill under a purchase from Gilbert prior to the institution of proceedings in bankruptcy against him ”