Page:Federal Reporter, 1st Series, Volume 3.djvu/857

 850 Sedeeai. bbpobter. �It seema, by the evidence, that this wag a prinied form oî application in use at that time for the purpose of proouring what were represented to be worthless assets vested in Wad- dell as officiai assignee. Upon this application the assignee made a report to the court dated December 2, 1858, reciting "that an application has been made to me to procure ail the interest which the said bankrupt had and which became vested in the assignee by the decree aforesaid in and to the following described premises, to-wit," (giving same descrip- tion;) "subject, nevertheless, to a sale of the same many years ago by the assignee, and which has been subsequently conveyed by the assignee, for a nominal consideration, and the costs of the assignee and his counsel therein. The title hereby sought being of no pecuniary value to this estate, and the assignee having carefuUy examined the subject-matter thereof, now moves the court for an order as follows : Ordered, that the officiai or general assignee be authorized to sell and dispose of the property herein referred to at private sale, pur- suant to the rules and practice of the court." On the same day, December 2, 1858, the judge of this court indorsed on this report the following memorandum: "Let an order be entered pursuant to within report." Afterwards the deed to Hunt was made. It recites a consideration of one dollar, and acknowledges its payment. It eonveys by the same de- scription the land described in the application and the report, but instead of making the conveyance subject to a former sale made by the assignee, as authorized by the order based on the report, it makes it "subject, nevertheless, to any prior sale made by the said assignee, the conveyance of which has been placed on record in said county, (naming the county in which the lands lay.) It also adds, what was not in the report, the following: "In which said former conveyance I only con- veyed or intended to convey such assets of the said Henry King as were embraced and included in a certain identure, (refer- ring to the Eldridge assignment,) as on reference will more fully appear." The fourth deed of the- King interest was made to Hunt on an application in the same form, describing a different part of the pi-operty, and upon a similar report and ����