Seymour

This suit was instituted by plaintiff, as trustee in bankruptcy of the estate of one Frazier McIntosh, for the purpose of recovering certain property on the ground that such property had been transferred by the bankrupt to the defendants without valuable consideration, with intent to hinder, delay, and defraud his creditors and in contempla-' tion of insolvency. The bill of complaint further charged that the defendants knew that the transfer had been, made under such circumstances. By an amendment to the bill of complaint, a correction was made in the description of the property sought to be recovered.

The cause being at issue/in the presence of counsel for the respective parties, the court announced it proposed to refer the cause for trial to one of the referees in bankruptcy as a special master. Counsel for the respective parties having led the court to believe that such reference was approved by all parties, the court signed an order referring said cause to such referee in bankruptcy as special master, after said order had been approved as to form by counsel for the defendants herein.

Thereafter, and without objection on the part of any of the parties herein, said cause was…