of comity and out of respect to the state jurisdiction, and asked that, notwithstanding that application and the action of the state court thereon, the receivers be required to recognize the superior jurisdiction of the court of bankruptcy in the administration of the bankrupt estate by returning the property taken by them from the possession of the trustee, and that they be restrained from further interfering with the trustee in the discharge of its duties. The trustee in bankruptcy of the subsidiary corporation also filed a petition, joining in the prayer that the receivers of the state court be required to return the property to the trustee in bankruptcy of the parent corporation.
An order to show cause was issued by the court below based on the petition ofbankruptcy court was entitled, but that, upon the refusal of the state court to order the property delivered to him, the court of bankruptcy should protect its jurisdiction by summary order, requiring delivery. The court said: "As the receiver in question was appointed by the state court within four months next preceding the filing of the petition in bankruptcy, the debtor being insolvent, his appointment constituted an act of bankruptcy. In contemplation of the bankrupt act, in so far as concerned his right to the custody of the property of the bankrupt, *429 he stood as if he had never been appointed by the state court. In such situation, as he holds the property not in his own right, but solely in his claimed official capacity, it was