Page:Federal Reporter, 1st Series, Volume 2.djvu/777

 <770 FKDEBAIi BEFOSTDS. �mon, pleas of Cambria county, Pennsylvania, (scire facîas to revive, No. 4, March term, 1876,") andthatthe assignee exe- cute a deed to the purchaser, at the costs and expense of the latter, in accordance with the foregoing amendment. ���BOUTHWIOK V. WmPPLB. {District Court, Z>. Bhode Island. March 31, 1880.) �BAITKBTTPTOT — MOSTGAOE! — Fh AUDUMINT PbEFEBEN OB. �In Equity. �Chas. A. Wilson, Chas. Bradlep and A. Payne, for com- plainant. �B. B. Hammond, for defendant. �Knowles, J. This is a suit in equity in which the com- plainant, as trustee of the estate of Frederic W. Whipple, prays that two mortgages made by said Frederic to his mother, Almira Whipple, April 27 and April 28, 1876, be eet aside as invalid under the provisions of the bankrupt act. The first of these mortgages was of the Gaza null estate, in Burrill ville, comprising real and personal estate and property; the second, of a mansion house suitate in Elmwood, in or near the city of Providence. But as the Elmwood estate bas proved insufficient to satisfy the claim of a prior mortgage, and of no avail. to the defendant, the validity of that mortgage is not now a matter of controversy between the parties. Among the facts agreed are these: �First. The mortgage of the Gaza mill property was made and executed April 27, 1876. �Second.' A creditor's petition in bankruptcy against said Frederic Whipple was filed June 26, 1876, to which the re- epondent filed a deniai of the act or acts of bankruptcy charged, and also a deniai of the sufficiency in number and amount of creditors, and that it was referred to a register to induire and report upon the question of sufficiency. ����