Page:Federal Reporter, 1st Series, Volume 5.djvu/197

 IN BB chubchman., 185 �ware in that behalf. He further insista that thô petitîoners are barred from attempting to ascertain and establish this lien, and bave the same deojreed by this court, because be is barred by the act of congress, (Bection 5057,) wbicb is in these ■words, viz. : "No suit, either at law or in equity, shall be main- tainable in any court between an assignee in bankruptcy and a person claiming an adverse interest touching any property or rights of property transferable to or vested in such assignee, unless brought within two years from the time when the cause of action accrued for or against such assignee. And this pro- vision shall not in any case revive a right of action barred at the time when an assignee ia appointed." �On the first ground relied on by the reepondent, the court thinks that if the petitioner lias an equitable ground for relief he vrill not be estopped by reason of not having proven his claim priorto the time of filing his petition, as he has already proven it under the order of this court, and had a right to do so up to the time of the distribution of the assets by the assignee. It is alleged by the respondent that no maritime lien ever was created. That is a fact to be determined on proof, if the court should think it can properly be gone into hereafter. The court'is unwilling to say that if there was a maritime lien created it has been lost by the laches of the petitîoners, or by the lapse of time since the labor and mate- rials were furnished, so far as the statutes of Delaware are concerned. �Isthe petitioner barred by the statute of the United States (section 5057, Eev. St.) from proceeding to ascertain and es- tablish this lien ? What do the petitîoners ask the court to do in this case ? They are asking to have ascertained, estab- lished, and decreed a lien on the funds in the hands of the assignee, -which, v?hen said lien is ascertained, should be paid over to them as secured creditors to the exclusion of the other and general creditors. Surely this is an adverse claim by a crediter against an assignee touching property or rights of property of the bankrupt transferable and vested in the assignee. As far as the statute of limitations is concerned the important question is, is this proceeding by the lien cred- ����