Page:Federal Reporter, 1st Series, Volume 5.djvu/522

 510 TBDBBAL BSPOBTEB. �SHAiNWAiiD, Assignee, v, Lewis. �(District Cemrt, D. Nevada. December 11, 1880.) �1. AsBiGNBK — Bankrupt Act — Sectios 739, Rbt. 8t. �■ While an assignee who has been appointee! by a court of bank- ruptcy of anotber district may stie in this court to recover aasets f rom a stranger, such action mu.st be by a plenary suit, and there is nothing in the bankrupt act which takes such a suit out of the provisions of section 739 of the Revised Statutes, although the defendant may have property in this district which is claimed to be assets ; and the defend- ant must be an inhabitant of, orbe found in, this district at the time of serving the writ, to give thig court juiisdiction. �t. Section 738, Rbt. St., Con8tkot!d. �This section does not refer to a suit like the present, in which the plaintiS seeks, through a receiver, to apply the general property of a defendant to the payment of his debts, but to suite in equity, to enforce some pre-existing lien or daim upon a speciac piece of property. �James L. Crittenden, for plaintifiF. �Robert M. Clarke, for receiver. �Philip G. Galpin, for defendant. �HiLLYBE, D. J. This is a motion to vaeate a fomier order of this court, appointing Balph L. Shainwald receiver of the property of the defendant, Lewis, in the district Of Nevada, The plaintifl is the assignee in bankruptcy of the firm of Schoenfeld, Cohen & Co., and of Louis S. Schoenfeld, Isaao Newman, and Simon Cohen, who have been adjudicated bank- rupts by the district court of California. After his appoint- ment as assignee the plaintiff filed a bill in equity in the dis- trict court of the United States for California, against the defendant, Harris Lewis, by which he sought to bave a cer- tain judgment obtained by; Lewis against the bankrupts set aside on the ground that the judgment was fraudulent. In that suit the plaintiff obtained a decree setting thesaid judg- ment aside, declaring the evidence upon whieh it was based fraudulent, and the defendant, Lewis, a trustee of ail the property acquired by him under said judgment for the ben- efit of the creditors of the bankrupt firm and of the assignee. He was also decreed to pay a large amount of money, nearly $100,000, by way of damages, interest, and costs, Upon this ����