In re Henningsen

(after stating the facts as abové). It was said at bar that this case had been brought up both by appeal and petition to revise. No such petition has been filed, and, though in somewhat unusual form, we hold the document which brought the case here to be a notice of appeal. Undoubtedly questions of this kind have been brought to this court by petition to revise, neither party objecting. In re Noethen, 201 Fed. 97, 119 C. C. A. 435. But appellee’s effort was to get something on which he asserted a lien, or as to which he prayed a priority, ’which something was already in the actual possession…