Page:Federal Reporter, 1st Series, Volume 3.djvu/859

 853 rEDeBAIi' KEPOBTER. �that they are voîd, because there had been a prior sale of King's entire iiitereat, duly executed under the order of the court, because they were net made for a valuable considera- tion movingtothe estate of the bankrupt, because they did not conform to the order of the court under which theypurport to be made, but on the contrary varied therefrom in a material respect as to the interest purporting to be conveyed, and because they were procured by the respondent, Chapman, by fraud aîid deceit. The variaiice between the deeds and the orders cannot hare bcen acaidental, and being intentional was itself a gross fraud on the court, as well as upon the prior pur- chaser, on the part of ail concerned in procuring the deeds. �Simeon Hyde purehased his interest in the property in question in 1835 of one Porter, and he held a certificate exe- cuted by Charles Butler, dated October 10, 1835, to the effect that he wàs entitled to one-tenth of the property "to be ac- counted for in money (and not in land) as a personal intereet when the said property shall be sold and the avafls theieof realized." On the tenth of December, 1836, Simeon Hyde executed an assignment of this certificate, and of ail his right, title, and interest growing out of it, to James N.Hyde. This assignment was made tô secure James N. Hyde against indorsements niade for Simeon Hyde. In Simeon Hyde's bankruptcy sehedule, dated August 19, 1841, the property is described as "one-tenth of an interest with Charles Butler and others in what is termed the Hùnter purchase, consisting of a large number of lots in Wolcott's addition, north side of the river, in Chicago; William B. Ogden, oî Chicago, agent." Meanwhile,' James N. Hyde had made an assignment to trustees for the benefit of creditors, and on the eighth of May, 1844, the assignees of James N. Hyde assigned, by an instru- ment under seal, the said certificate, and ail the interest of James N. Hyde therein, and ail the estate, right, claim, and interest in the promises referred to therein to William B. Ogden for a valuable consideration, Ogden also purehased the shares of the other ownears and has ever sinee been in possession of the lands, claiming to be their sole owner. On the twenty-seventh of November, 1843, Waddell, the general ����