Page:Federal Reporter, 1st Series, Volume 3.djvu/848

 IN BB KING. 841 �Choate, D. 7. In these cases in bankruptcy, under the bankrupt law of 1841, applications have been made to set aside and declare null and void certain deeds made or claimed to have been made by Mr. Waddell, the officiai assignee, under orders of the court entered in the years 1858, 1859, and 1862, authorizing him to sell at private sale certain alleged interests vested in him as sueh assignee in certain real estate in the city of Chicago. �The ground on which the vacating of the deeds is sought by the petitioners, the executors of one Ogden, is that long prior to the date thereof their testator was in the actual possession of the real estate in question, claiming title thereto as as- signee or grantee of the interest, whatever it was, that had belonged to the bankrupts, and that the deeds now in ques- tion were not deeds for any valuable consideration, but that they were in faot gifts, so far as the estates of the bankrupts are concerned, which the court neither authorized nor had any power to authorize; that if not mere gifts the deeds were void, because the interest of the bankrupts bad been previously sold and disposed of under prior orJers of the court, and that the deeds were procured by false and frauda- ient representations of matters of faot, whereby the court was deceived and misled into making the orders under which the deeds purport to bave been given, and by which albne the giving of them can be justified. �The respondent, Chapman, who claims to be the hona fida purchaser for value of the titles made under these deeds, and who alone appears to object to the prayer of the petition, bas commenced a suit based in whole or in part on these deeds, or some of them, against said Ogden, which is still pending against the petitioners as his executors, in which suit said Chapman claims an accounting for the rents and profits of that interest in the said lands formerly of the bankrupts, and alleged to be held by said Ogden as trustee for said Chapman, said Chapman's interest as cestai que trust being derived through said assignee's deeds. �1. I think it is^clear that the petitioners, though not parties to the bankruptcy proceedings, bave Buch an interest in th« ����