Street

On March 2, 1929, appellee filed a petition in the bankruptcy court in which he alleged that Bay A. Conley had filed a petition in bankruptcy and had been adjudicated a bankrupt on February 11, 1929; that ap-pellee had qualified as trustee on February 27th; that among the assets of the estate was a certain automobile; that appellant and another person claimed a lien thereon under a conditional sales contract alleged in the petition to be void as to creditors; that a certain other person claimed a like interest also by reason of registration as legal owner.

On the petition, an order was issued by the referee directing appellant and the other persons to show cause why the automobile should not be sold free and clear of any lien or claim of any of them.

Appellant alone answered, objecting to the summary jurisdiction of the referee, asserting that the automobile was not in the aetual or constructive possession of the bankrupt at the time of the filing of the 'petition in bankruptcy; that the possession was acquired by the trustee thereafter without the knowledge or consent of appellant or its assignors, and that at the time and ever since it and/or its assignors were adverse…