Page:Federal Reporter, 1st Series, Volume 7.djvu/868

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

856 FEDSBAli BEFOBIBB. �still pending ; and the other in replevin against C. , the custodian of the property for the receiver, to recover possession, in which C. appeared and pleaded, and judgment was obtained against him. Upon proceedings to punish B. for contempt, Aela ; �(1) That C. having submitted to the jurisdiction of the state tri- bunal, it was too late to complain that the action in replevin was in contempt of the authority of the court. �(2) That A. was sued in trespass not as receirer, but as an individ- ual, for taking and retaining possession of certain goods not included in the order of the court, and as such was a mere trespasser and not entitled to the protection of the court. �In Bankruptcy. Motion to confirm report of register. �Nixon, D. J. On the fifth of June, 1877, upon the appli- cation of certain creditors of Eli W. Young, who had reeently been adjudged a bankrupt, an order was made by the court appointing Charles W. Ehodes, Esq., of Montclair, New Jer- sey, a receiver of the estate and eiiects of the said Young, and inclyding all the property which had been lately sold, or claimed to have been sold, under execution against Young in favor of Joseph K. Manning, John N. Vorhees, and William Grant and claimed to have been purchased at the sale by said Grant, which goods were then situate or located in a cer- tain store-house or building lately occupied by the said Young, at Glen Gardner, in the county of Hunterdon, and directing the said receiver to take possession of the said prop- erty and goods and hold the same in custody, without the power of sale or disposition, until the further order of the court, and restraining and prohibiting the said Grant and all other persons from interfering with or hindering the said receiver in the execution of the order. �On the third day of October, 1877, the receiver filed a petition in the courts setting forth that he took possession of the property described in the foregoing order on the twelfth of June, 1877; that he found one William Grant in the charge and custody of the same, who peaceably and quietly surrendered to him the keys of the store in which the goods and chattels were located; but who claimed that a portion of the goods in the said building was his own prop- erty, and was not covered by the order of the court. The ��� �