In re O. L. Ward & Co.

Review is sought of an order of the referee directing W. E. Dean to pay over to the trustee of the bankrupts the sum of $253.

Within four months before'the institution of the bankruptcy proceedings, the petitioner, Dean, had brought suit against the bankrupts and attached- certain of their property. To release the attachment they gave to the constable $253 in cash, in lieu of a bond. The constable released the attached property and held in his possession the money, $253, in place of the attached property. After the adjudication of the bankrupts and the election of a trustee, and with knowledge of such adjudication and election, Dean procured a judgment to be entered against them in the action in question, and procured a writ of execution to be issued thereon, and in pursuance of said writ the constable paid over to him the $253 in his hands in satisfaction of the judgment. Upon a petition by the trustee, and notice to Dean, and a hearing on the merits, the referee made the order complained of, directing Dean to pay to the trustee the $253 so received by him from the constable.

The petitioner contends that the referee could not by summary proceedings deprive him of this money,…