“ The real controversy is over the merits of some of those claims, the right of the present holders to assert them for their full amount, and the priority to be accorded them in the distribution. By an intervening petition in the bankruptcy proceeding the complainant voluntarily submitted its asserted equitable right to the court of bankruptcy for determination, and the matter is now pending before the referee. ”

“ The circuit court of appeals holds that this cannot be done consistently with the bankruptcy act, and the correctness of its holding is the principal question presented by this appeal.
We are not here concerned with a suit by a trustee to recover property in the possession of another who claims it adversely, nor with a suit against a trustee to recover property in his possession, claimed by another, and therefore the jurisdictional questions incident to suits of that character need not be considered. ”

“ These transactions, it is alleged, were in pursuance of a wrongful conspiracy between Bray, Frey, and Jacob Eichel, were in violation of their fiduciary relations to the estate, and were had with the purpose of making Bray the real but secret owner, the name of Laura Eichel being used as a mere cover; and it is also alleged that some of these claims are excessive and unjust, that others are not for labor or materials, and that Bray, Frey, and Jocob Eichel wrongfully procured or acquiesced in their allowance as preferred claims so that Bray and his associates might profit thereby. ”

“ And § 57k reads: "Claims which have been allowed may be reconsidered for cause, and reallowed or rejected in whole or in part, according to the equities of the case, before, but not after, the estate has been closed." ”

“ Of course, the national banks are Federal corporation, but their citizenship and places of residence are, for jurisdictional purposes, as just stated. Act August 13, 1888, 25 Stat. at L. 433, chap. 866, § 4, U.S.Comp.Stat. ”