Page:Federal Reporter, 1st Series, Volume 1.djvu/251

 IN RE PETER HBRMO. 243 �facts to the court. The register took and returned to the court the testimony offered by the respective parties, and made a report favorable to the bankrupt upon ail the specifications. �Upon the coming in of the register's report the case was fully and very ably argued by the counsel of the opposing creditors and of the bankrupt. Sinee the argument I have attentively read the testimony, and the case has received care- ful consideration. The circuit judge, McKennan, sat with me at the hearing, and the conclusions I have to announce were reached after consultation with him, and have his approvaL �The specifications of opposition are thirteen in number; but the fifth, sixth, seventh, twelfth and thirteenth were not pressed at the argument. In respect to them, therefore, I content myself with saying that the evidence does not sustain them, or any of them. �The first and second specifications relate to the same matter, and may be considered together. They charge, in substance, that the bankrupt "has wilfuUy sworn falsely" in the af&davit attached to his petition, in this, that in his schedule he returns that he has no real estate in his posses- sion or enjoyment, or which is held by any other person in trust for his use, (except as therein stated,) when in truth and in fact he was interested as the owner of the undivided one-third of certain lands in Potter county, Pennsylvania, then held in trust for him by one Jacob Tome, and which he did not retum, but wilf ully and fraudulently omitted f rom his schedule. �The facts relating to these lands are as f oUows : By deed bearing date October 19, 1872, Jane Phillips conveyed to Jacob Tome, of Port Deposit, Maryland, 12 tracts of land in Potter county, Pennsylvania, containng in the aggregate about 11,385 acres, for the consideration of $45,240. An article of agreement (not recorded) of the same date with this deed was entered into between Jacob Tome, Peter Herdic and A. G. Olmstead, which recites the purchase by these parties of said lands; that Tome had paid in h and one-third the purchase money, and was to pay the residue, which was secured by his morfcgage, in one and two years, with interest ; that the title was vested in Tome in trust for himself and ��� �