In re Kerr

PATTERSON, District Judge.

The trustee brought a summary proceeding for permission to sell a tapestry as part of the bankrupt estate and for an adjudication that the respondent had no interest in the tapestry. The respondent objected to the jurisdiction of the bankruptcy court to entertain a summary proceeding. After taking proof, the referee held that there was no jurisdiction, and dismissed the proceeding.

At the time of bankruptcy, the tapestry was in possession of one Sabbagh to whom it had been consigned by the bankrupt for sale. *899The trustee brought a summary proceeding against Sabbagh to…