Gelinas

This appeal is again before ns for consideration and determination. In a previous opinion, 52 F.(2d) 598 , we reversed with'instructions'the decree of the District Court, sitting in equity, 51 F.(2d) 89 . Thereafter we granted appellee’s petition for rehearing upon the authority of Twist v. Prairie Oil & Gas Co., 274 U. S. 684 , 47 S. Ct. 755 , 71 L. Ed. 1297 . The case was reargued and submitted for determination.

The instant case is companion to, and was consolidated for trial and tried with, the case of Buffum, as Trustee in Bankruptcy of Henry Joseph Bareeloux, a Bankrupt, v. Peter Barceloux Co., recently determined by the Supreme Court, 289 U. S. 237 , 53 S. Ct. 539 , 77 L. Ed. 1140 .

This proceeding was brought under paragraph 70e of the National Bankruptcy Act. 1 .

Omitting the formal parts of the complaint, it is alleged in substance that Henry Bareeloux filed a petition in voluntary bankruptcy and was adjudicated a bankrupt in February, 1927; that the complainant was appointed trustee on March 14,1927; that on August 24, 1926, Henry Bareeloux “purported to sell to the defendant,” for $2,000, 35 shares in the United Bank & Trust Company and 138 shares in the Glenn…