Hopkins v. National Shawmut Bank of Boston

GRUBB, District Judge.

These causes present the same questions, and are alike in their facts, with minor and unimportant exceptions. The first was a plenary suit in equity, instituted by the trustee in bankruptcy to recover the possession of certain cotton as assets of the bankrupt estate, and the appeal is from a decree dismissing the bill. The second was an intervention filed by the Equitable Trust Company in the bankruptcy proceeding, and the appeal is from the order of the District Court in fayor of the intervener.

In the latter appeal, there is a motion to dismiss, based upon the…