Page:Federal Reporter, 1st Series, Volume 3.djvu/852

 Butler, agent in N. T., and WilUàm'B. Ogden, igenï in Chi- cago, ccst, originally, $20,000. This claiin may be already legally held by Edward Eldl-idge, of Boston, under my assign- ment to Mm of ninth June, 1838, on settlement of accounts -with Simeon Hyde." This' reference to settlement of ac- counts with Simeon Hyde is explained by the facts sliown in the tes'imony that, in this and other land speculations under- taken by Hyde and King jointly, the money required there- for was furnished by Hyde largely in excess of his share, and the documentary evidence of their joint interest was held by and in the name of Hyde, so that King's claim was only avaU- able to him upon payment of these advaneea on his account, ■which it appears he never wàs able to pay. �On the eleventh of June, 1845, Waddell, the assignee, made a report to the court that certain property, including the item above rtferred to, was "of uncertain value, and ought to be disposed of at public sale, without înôurring further delay or expense," and, in confOrmity with the rnles of the court, he proceeded to sell the same at public auction. The rules required him to advertise the sale, and the form of the advertisement ueoited that, "by virtue of suûdry decrees/' «te, "I will sell at, etc., ail the property and rights 6Î prop- erty of every name and nature which bscame vested iii the officiai or general assignee by tHe decrees aforea'aid, the fol- lôwing assets hereinafter noted, wliicfa are more particlilarly ôet forth in the papers on file in the office of the said court, as by reference thereto, will more fully appear"— "purchaser paying expenses of the formai deed of Bale,ifone be required, in addition to the amount of purchaso." • * * "In the matter of Henry King" — "His interest in five lots of land in the town of Joliet, 111. ; also in sundry lots in Chicago, HI., purchased with Simeon Hyde, and assigned to Henry El- dridge, Boston," etc. �4. There can be no possible question that the property re- ferred to in the advertisement as "his interest in sundry lots in Chicago, Illinois, purchased with Simeon Hyde, " etc., ia' the same property and interest intended to be described in the officiai report of the assignee, although in the report it ia ����