Ellis

(after stating the facts as above).

The order of reversal in Ellis v. Reed, 238 F. 341 , 151 C.C.A. 357 , was based upon error by the District Court in ruling that the transcript of judgment in Reed v. Thompson, affirmed in 202 F. 870 , 121 C.C.A. 228 , was proof that the conveyance therein considered from Thompson to Cummings was fraudulent and binding upon the appellant in Ellis v. Reed, supra. Our expressed view was that the question whether the conveyance was fraudulent as to the creditors in Ellis v. Reed, supra, was not disposed of by prior adjudication to which certain creditors were not parties or privies; hence reversal followed. It would have been proper to have made the order a reversal with a remand to the lower court, with directions to afford appellant opportunity to offer competent evidence, if he could, to sustain the material allegations which the District Court, by erroneous ruling, had held were sustained. But as we acted upon the hypothesis that the term of the District Court at which the decree was made was not ended, and that appellee could move for a rehearing as indicated in Roemer v. Simon, 91 U.S. 149 , 23 L.Ed. 267 , we added the purpose of the remand…