Page:Federal Reporter, 1st Series, Volume 7.djvu/870

 868 FEDEBAIi BEPOBTEB. �ceiver. The only property committed to the custody and control of the receiver by the court was that formerly be- longing to the bankrupt Young, and which Grant had pur- chased at an alleged fraudulent sheriff's sale. The proofa clearly show that when the receiver took these goods into his possession he also took other goods which belonged to Grant, and which were never the property of the bankrupt. It was these last-named goods and chattels that Grant demanded, and when delivery to him was refused, brought suit for. His hbnor, the late Judge Oadwallader, was then sitting here during the temporary absence of the judge of the district, and the evidence reveals that an application was made to him to restrain the replevin suit in the state court. He declined to interfere, but intimated that the custodian, Bang- hart, might make his defence to the suit in the state court. Acting on this suggestion, he appeared and pleaded, and failed in his defence. After thus submitting to the jurisdic- tion of the state tribunal, it is too late to complain that the proceeding was in contempt of the authority of this court. �With regard to the action in trespass against Ehodes, he was not sued as receiver, but as an individual, for taking and retaining possession of certain goods not included in the order of the court, and for interfering with which, if the allegation were true, he was a mere trespasser. The principle is well settled that the court will not protect a receiver for any acts committed by him outside of the performance of the proper and legitimate duties of his receivership. �Without, therefore, examining the other grounds taken against confirming the register's report, the foregoing seems sufi&cient to authorize the court to refuse a confirmation. ��� �