Page:Federal Reporter, 1st Series, Volume 3.djvu/853

 846 rSDKBAL REPORTER. �stated that it may le held by EIdridge under the assignment, and in the advertisement it ia described as "Assigned to Henry EIdridge." At the sale on the fifteenth of July, 1845, the assets of Henry King, including this interest in the Chi- cago lots, were sold to Gordon Burnham, the highest bidder therefor, who paid for the same, but called for no deed. On the thirtieth of July, 18e5, Burnham sold, for a valuable con- sideration, his interest in said property to Charles Butler. It is claimed, however, on the part of the respondent, Chap- man, that King's interest did not pass by this sale to Burn- ham, nor by Burnham's sale to Butler, because the advertise- ment erroneously described the property as included in the EIdridge assignment, and because the interest of King, such as it was, being real and not personal, no deed of it was given, and, consequently, the interest remained vested in the as- signee, and could be subsequently disposed of by him under the order of the court. I think that neither of these points is well taken, so far as to justify or sustain, as valid, any sub- sequent sale of King's interest except in confirmation of the title made under the sale to Burnham. That the purchase by Burnham was an actual purchase for value and in good faith, and that, in reliance thereon, he sold the interest which he so obtained to Butler, for value, is not disputed. Conceding, what is admitted by both parties, that no interest in the property in question passed under the EIdridge assign- ment, and that, therefore, this part of the description was a mistake, yet this mistake is not sufficient to deprive the pur- chaser of his right to the bankrupt's interest in this asset, which it clearly appears on the face of the transaction the assignee understood that he was selling, and the purchaser understood that he was buying. It is merely a failure to describe truly, in one respect, the subject offered for sale, which, by other descriptive terms, is sufficiently and clearly identified. The very advertisement in which the mistake oc- curs contains the correction of the mistake, for it refers, for a more certain and full description, to the papers on file, the schedule and the report, which show that the interest may have been, not that it was, assigned to EIdridge. If the adver- ����