Page:Federal Reporter, 1st Series, Volume 2.djvu/776

 Kl KB m'qoniole. 769 �injustice to the purchaser. The confirmation of the retuni �was, doubtless, in the mare routine of business, and without �the attention of the court being called to the departure from �the authorized terms of sale, It cannot be questioned, I �think, that the court bas the power to authorize an amend- �ment. Shamberg v. Noble, 80 Pa. St. 15.8; Slicer v. Bank of �Pittsbnrgh, 16 How. 511;' Supervisors v. Durant, 9 Wall. 736. �The delay in applying for relief is satisfactorily accounted �for. The purchaser lived in Cambria county, and the recorda �of this court were not accessible to hiin without a journey to �Pittsburgh. He had no reason to suppose that the retum �contained the objectionable clause. The deed from the �asignee was not delivered until about April 1, 1878, and was �then handed to the purchaser's attorney, William H. Sech- �1er, Esq., who, without having it recorded, placed it among ' �papers in his custody belonging to Mr. Davis. There it �remained until last February, when, for the first time, it waa �examined by Mr. Davis and his attorney. Application to this �court for relief was then promptly made. �The assignee bas made no answer to the rule to show cause, and makes no objection to the allowanoe of an amendment to hie retum, or to the execution of a new deed. Clearly, the plaintiffs in the Moyers judgment have no right to objeot to the amendment. �And now, to-wit, June 3, 1880, it is ordered that the return of the assignee to the order of sale of the real estate of the bankrupt, so far as the same relates to the judgment of the heirs and legal representatives of Adam Moyers, deceased, against Jeremiah McGonigle, be amended as of the date of the retum, nuncpro tune, by striking out theclause, "subject to the payment of $759 at the death of Elizabeth Moyers, and the interest thereon annually during the life of said Eliza- beth j * • * whieh said encumbrances the purchaser ia to pay, in addition to his said bid," and in lieu thereof insert- ing, "subject to the lien of the judgment of the heirs and legal representatives of Adam Moyers, deceased, against Jeremiah McGonigle, No. 5, September term, 1870, of the court of com- v.2,no,9— 49 ����