Sabin

This is a bill to determine the rights of the appellant to certain personal property in the possession of the ap- *232 pellee as trustee in bankruptcy of the Italian Restaurant Company, a .corporation, which, previous to its bankruptcy, had been conducting the business of a restaurant in the city' of Portland, state of Oregon. In disposing of the assets of the bankrupt corporation by the trustee, the appellant interposed an adverse claim to certain property in the possession of the trustee. The matter came before the referee in bankruptcy, and a hearing was had, hut the appellant filed no reclamation petition, and upon a ruling by the referee that the title had passed, and that there was no conditional contract of sale out aga'inát the property, he directed the trustee to sell it. Thereupon the appellant brought suit against the trustee in the state court to recover the property. In the lower court the trustee claimed that, by the proceedings before the referee, the question of appellant's claim of title to the property had become res judicata. The court held that the evidence was not sufficient to establish such a judgment. As no appeal was taken from this feature of the court’s…