Page:Federal Reporter, 1st Series, Volume 3.djvu/856

 m EB KING. 849 �request he, Waddell, bas searched for and cannot find. This explanation is denied by Burnham, who was examined as a ■witness. Waddell was not called as a -witness. The deeds are suspicious on their. face, being dated back 13 years, and being executed to Ford, as is said, but not proved, at fbe request of Burnham, 13 years after Burnham had sold for value to Butler ail that he purchased. They must clearly be held upon the evidence to bave been executed by the assignee without any authority or color of authority, and not in fur- theranee or confirmation of the title made under the sale of July 15, 1845, and they must, therefore, be annuUed and set aside. The otber four deeds appear to bave been made under orders of the court. These two deeds, which are not sup- ported by any special order of the court, must have taken effect, if at ail, as deeds made in pursnance of the sale to Burnham, in July, 1845, and for that reason, probably, were they dated back to that time. The second of these two deeds recites the sale of July 15, 1845, and the payment of the con- sideration as if it were made in pursuance of that sale. In describing the property, both of these deeds refer to it as included in the Eldridge asssignment, and whoever procured them was then apparently under the impression that King's interest passed by that assignment. Ford, to whom they were made, was a clerk in WaddeH's office. The third deed of the Henry King interest, which was made tq Hunt in De- cember, 1858, was applied for by Hunt in a written request made to the assignee, dated October 9, 1858, as follows: "I wish to procure from you, for a nominal consideration, and your costs and charges, including your compensation to coun- sel herein, (not exceeding in the aggregate the sum of $25, herewith enclosed, unless by a subsequent agreement with me,) the enclosed amount being advaneed for your prelimin- inary examination, and such reference to counsel as you may desire, whether I obtain the conveyance which I seek or not, to-wit," (here follows description of land) "undertaking hereby to obtain and communicate such information as I may pOR- sess or see fit to acquire upon the request of yourself or your counsel in the promises in aid of your examination herein". v.3,no.l4— 54 ����