Page:Federal Reporter, 1st Series, Volume 3.djvu/858

 ta SB KISQ. 851 �order, with the same recital of one dollar consideration, and with the same variance between the report and the deed as to the former sale, to which it Tiras made subject. It is obvi- ons, upon a comparison of these two deeds to Hunt with the prior deeds to Ford, that they were made to cover the same property desoribed in the earlier deeds as being within the Eldridge assignment, and in the later deeds as not being •within it ; and the sale subject to which these two later deeds were made, was not the sale of July 16, 1845, to Burnham, which was the only real prior sale made by him, and the only sale which, under the orderof the court, the assignee had any authority to make them subject to, but they were made sub- ject to the two deeds to Ford, which, it ia proved, had been recorded in the county referred to. �It is obvions that these two deeds to Hunt were not made in confirmation of the sale to Burnham, nor subject to that sale, as the court directed, but in hostility thereto, and in violation of the order of the court, were made subject only to the two deeds to Ford, and they must, for these reasons, be set aside. �It is objected to them also that they were gifts, being for a merely nominal consideration. I think the evidence estab- lishes this f act. The recital of a dollar paid is in entire con- formity with the applications under which they were made, which were for a conveyance upon a nomiwaî consideration of property having no peeuniary value to the estate. The only money proved to have been paid was the fee or bribe paid to the assignee for a pretended examination which he is shown not to bave made, and the service of counsel who does not appear to have been employed. There is no question involved of a bona fide purchase by Chapman under these deeds, for their invalidity, their variance from the order of the court, appears on their face and on the order referred to therein. �Aside from this consideration, I am satisfied upon the proofs that Chapman himself procured them to be made to Hunt; and, without going at large into the evidence, it is enough to'say, as to these deeds of the Kiug intereat to Hunt, ����