Head v. Brainard

(after stating the facts as above). Plaintiffs in error contend that the District Court made no decision upon the question of title and was without pow- • er to make such determination in the present action; that the trustee could not maintain this action; that it was error for the court to refuse to permit defendants below to prove ownership of the property and to direct a verdict in favor of plaintiff below.

In our opinion the court by its order of confirmation of the master’s report in the ancillary bankruptcy proceedings adjudged that the bankrupt estate had title to the property in…