Page:Federal Reporter, 1st Series, Volume 6.djvu/491

 MAIN V. BROMLBY. 479 �these goods were voluntarily turned over to the marshal, by the depnty sheriff, under the direction of Bacon, Goodrich & Johnson, as the goods of the bankrupt. �Bromley's action for trespass came on to trial in the cir- cuit court of Jefferson county, and the jury, under the in- structions of the court, fouhd a verdict of nominal damages, merely, for the plaiiitiff, on the ground that though the sale to Bromley was a valid sale under the state law, that it was void under the bankrupt law, and that under that law Brom- ley had no title to the goods and therefore could only recover nominal damages. �The case wae appealed to the supreme court, and reversed, (Bee Bromley v. Goodrich, 40 Wis. 131,) the court holding that ^be^tate court should not take jurisdiction to adjudicate a sale that is valid under the state law to be void under the provisions of the bankrupt law, in the absence of any adjudi- cation on the point bythe federal court; and that this sale to Bromley being a valid and honafide sale under the state law, the court should have held it so, and allowed the plaintiff to recover in that suit the value of the property taken. The case was thereupon sent back to the circuit court of Jefferson county for a new trial. This suit is brought here to stay the trespass case in the state court, and the questions presented are whether or not this court bas jurisdiction to stay the suit, and whether the bill and the proofs show any eqnity on the part of the assignee. �The suit sought to be stayed is between certain creditors of the bankrupt, and relates to property that bas since corne into possession of the assignee as bis representative, and I am satisfied, from the testimony, that though Bromley pur- chased the goods in entire good f aith and for a full consider- ation paid, that the transfer was in valid under the provis- ions of the bankrupt law, and that the goods were properly turned over to the marshal, as messenger, and by him to the assignee; and if these facts constitute a sufficient ground on which to maintain the suit, then the plaintiff is entitled to the relief sought. ��� �