Simons

The facts are stipulated as follows. More than four months before the petition in bankruptcy was filed, appellant commenced an action against alleged bankrupt in the state court for recovery of certain attorney’s fees, and caused an attachment, which is now a valid lien, to be duly levied on a twenty-year leasehold estate in real property. Within the four months’ period appellant recovered judgment in the action and bad execution levied on the leasehold.

Thereafter, but before the date set for the sheriff’s sale, the petition in bankruptcy was filed, alleged bankrupt denied insolvency, and no adjudication has as yet been bad. Appellee, after qualifying as receiver, obtained from alleged bankrupt possession of the premises covered by the lease. Pursuant to an order directed to and served on appellant and the sheriff, to show cause why the sale should not be enjoined, a bearing was bad in the bankruptcy eourt over appellant’s objection to the summary jurisdiction. On the stipulated facts supplemented by testimony that the leasehold was worth far more than the judgment, the sheriff’s sale was enjoined and the receiver was directed to sell the leasehold premises with reasonable…