Levy

This appeal is taken from an order of the district judge made in a proceeding, brought to review an order of a referee in bankruptcy. Irving S. Levy was the' petitioner on review, and he is the appellee here. The referee had held that a parcel of land, with improvements thereon, title to which stood of record in the name of the bankrupt, but as to which Irving S. Levy had paid all of the consideration involved in the acquiring of the lot, was subject to sale as property of the bankrupt estate. The referee in his findings determined that notwithstanding that the purchase price of the property had been paid by Levy and that the bankrupt had acted only for the purpose of holding the title, that Levy had allowed an unreasonable length of time to elapse before attempting to enforce his rights; that he had not come into court with clean hands; and that he had attempted to commit a fraud upon the court. He further found that appellee had agreed to pay a reasonable compensation for the use of the bankrupt’s name and that such compensation had not been paid. In conclusion the referee determined that the trustee had the right to sell the property free and clear of any claim of…