The appellant, who was plaintiff below, appeals from the judgment of the circuit court of appeals (70 C. C. A. 534, 138 Fed. 394) affirming a decree of the United States court for the central district of Indian territory, dismissing the appellants bill on the merits. 5 Ind. Terr. 563, 82 S. W. 908.

The appellant describes this action as in the nature of ejectment on the equity docket, instituted for the purpose of securing possession of certain buildings and the right to the occupancy of the land on which they were erected, and to quiet plaintiff in his title and possession of the same, and to [204 U.S. 302, 303] remove the cloud from the title. The appellant is the executor of the will of W. H. Ansley, who was the purchaser of the buildings, hereinafter referred to, at the sheriffs sale.

The facts necessary to state in considering the question decided are as follows: The defendant McLoud is a trustee under a deed of trust, which need not now be more particularly stated, and defendant Gowen is the receiver of the Choctaw Coal & Railway Company, which was a corporation created