Melville Fuller

“ The circuit court held that when the receiver used the moneys of the receivership to discharge the underlying liens, the equitable right accrued to him and to those whom he represented, to be reimbursed out of the securities deposited with the Farmers' Loan & Trust Company; and that, as a junior encumbrancer, Bache had never been dismissed from the suit, and as such was before the court for all purposes of the distribution of the proceeds of the sale of the mortgaged property. ”

“ The established rules of practice as to bringing in parties to ancillary or pro interesse suo proceedings, and those governing courts of concurrent jurisdiction as between themselves, were alone involved. It is settled that the question of jurisdiction, which the act of March 3, 1891, provides may be certified to this court directly, must be one involving the jurisdiction of the circuit court as a Federal court. ”