Drainage Dist. No. 17 of Mississippi County v. Guardian Trust Co.

GARDNER, Circuit Judge (dissenting).

I am unable to agree with the conclusion reached by my associates in this ease. It will only be necessary to restate a few of the undisputed facts to make clear my views.

In the suit brought in the state court by E. Harper and C. E. Grigger against the drainage district, a receiver was appointed who qualified as such on August 1, 1930, and went into possession of the records, hooks, papers, funds, assets, and affairs of the drainage district, and the res involved in this suit was therefore in his possession under an order of the state court when, on…