“ Thereafter, on August 3, 1911, the referee made an order that the dividend on the sum of $199,000 of the claim of Gaines, being the portion representing the indebtedness at the time of the misrepresentations, should be paid to the intervener. On petition to review, this order was affirmed by the district court. Gaines then carried the matter, by both appeal and petition for review, to the circuit court of appeals, complaining of the mode of distribution which had been adopted to execute the decree of June 22, 1911. ”