Ott

This case involves an appeal from an order of the District Court confirming referee’s report and overruling and denying this appellant’s petition for review.

The referee’s report, which was confirmed and which the District Court refused to review, arose in the matter of Joseph S. Thurston, a bankrupt, and concerned the verified claim by one S. A. Ratliff which was allowed and approved at the first meeting of the creditors, at which a trustee was elected, and was used to vote and was voted for the successful candidate at such election-.

The Ratliff claim was for the sum of $5,000, founded on the promissory note of Joseph S. Thurston.

More than a year after the said claim had been formally approved and allowed, the bankrupt, Joseph S. Thurston, and Marie H, Thurston, his wife, petitioned for an order allowing reconsideration of the claim and objecting to the allowance of the same. Before the application for an order of reconsideration and objections to the claim, it had been sold by the said Ratliff to appellant,. Adolphus Ott.

The petition of the bankrupt and his wife alleged that they did not learn until July 17, 1931, of the approval of the claim on April 29, 1930, and…