Wadsworth, J.

1. The petitioner was the first defendant in a suit for recovery of money collected by the first defendant as a result of a decree which is alleged to be the property of the plaintiffs husband. The facts are rather peculiar. The decree in question was transferred from a third party to the name of the first defendant and it is alleged that the real owner was the plaintiffs husband who is now dead. The plaintiffs husband was adjudged an insolvent in 1930. He died in June, 1934, at or about the time when the first defendant effected a sale of the properties acquired in execution of the decree in question. It would appear that at the time of his death the plaintiffs husband had failed to carry out the Courts orders in prosecution of his insolvency and had not applied for a discharge. It would also appear that the debts due to creditors in the insolvency were the subject of an extra judicial composition. In June, 1937, the plaintiff, widow of the deceased insolvent sued the first defendant for the sale proceeds of the property, acquired under the decree which she asserts forms part of her husbands estate. She impleaded in her suit the Official Receiver and alleged t