The assignment of his interest in his brother's estate by Ben Adler to another, who transferred it to appellee, was made when Ben Adler was in receivership with the knowledge of his assignee and was made at a time when Ben Adler was restrained by court order from transferring his assets. Thus, the assignment to the first assignee and the further assignment to appellee were void and ineffective. The assignment of such interest to appellant was made after the receivership proceedings had been dismissed as to Ben Adler and at a time when he was freed from court restraint and could make a valid assignment of his interest in his brother's estate to appellant, who is entitled to the proceeds of the brother's estate, in the registry of the court.

Adler v. Ormond, 117 Ga. App. 600 (161 SE2d 435). The Supreme Court thereupon transferred the case to this court. Adler v. Ormond, 224 Ga. 430 (162 SE2d 353). It is not necessary to repeat all facts stated in our transfer of this case to the Supreme Court. The statement of several facts in addition will suffice as the answer to the questions involved is quite simple and uncomplicated. The appellant and appellee filed their claims in this proceeding, each claiming the funds in the registry of the court, which funds represented the net estate of Morice Adler, brother of Ben Adler. After the administration of the estate of Morice Adler had been completed and its assets reduced to cash, the Savannah Bank & Trust Company and the Florida National Bank instituted an action for receivership in the Superior Court of Dougherty County, after which the judge of said superior court issued an ex parte order restraining the defendants therein, including Ben Adler, front disposing of any of their assets. There is no direct attack upon this order. Appellee's claim to the funds is based on an assignment of the fund to her by P. Walter Jones, an attorney at law. Bell Adler made an assignment of the fund to appellee on October 16, 1963, a time when the restraining order against Ben Adler was in effect with full knowledge thereof by Jones. Appellant claims the fund under an assignment from Ben Adler on December 27, 1963, after the case had been settled with the plaintiffs in the receivership proceeding insofar as Ben Adler and his son, Morris, were concerned and an amendment was filed to the proceeding dismissing Morris Adler and Ben Adler from the case. The court allowed the amendment and struck these two defendants from the restraining order on December 30, 1963.

The trial judge awarded the assets of the estate of Morice Adler to the appellee and the appellant appeals from that judgment.

The court erred in awarding the assets in the registry of the court to appellee.