Page:Federal Reporter, 1st Series, Volume 3.djvu/861

 854 FEDERAL REPaBTEB. �power of the court over this asset. The fact that the pur- chaser neglected to call for a conveyance did not give th© court any authority to sell the property again to another party. Yet, on the twenty-sixth day of October, 1858, G. L. Ford made a wrilten application to the officiai assignee for the purchase of Simeon Hyde's interest in this property, in the form used in the applications already mentioned in the case of the King interest. The application seems to have been made in the case of Simeon P. Hyde, another bankrupt. It recited as foUows : "I am the owner by purchase from you, in 1845, of ail the interest which Henry King, a bankrupt, had in the foUowing, set forth in his schedule, to-wit : My joint interest in Hunter purchase of lots in Chicago, in Co. Simeon Hyde, &c. This claim may be already legally held by Edward Bldridge, in Boston, in my assignment to him of 9 January, 1838, on settlement of account with Simeon Hyde." The application asked a conveyance, for a nomi- nal consideration and expenses, as did the others. It stated that the interest was of no pecuniary value to the estate. There seems to have been some confusion in entitling th& papers in the matter of Simeon P. Hyde. There was such a proceeding pending in the court. Some of the papers have been altered by erasing the "P.," when and by whom there is no proof. The assignee's report, however, on this application, was made in the matter of Simeon Hyde. It is in the form of the reports heretofore referred to. It recites Ford's statement that he had become the owner, by purchase from the assignee, of Henry King's interest on the fifteenth' of July, 1845, and states that this is so. �Thereupon the judge iiidorsed an order, pureuant to the report, authorizing the assignee to dispose of the property at private sale. Under this order the assignee made a deed, dated and acknowledged October 26, 1858, conveying "ail that tract of land known as the Hunter purchase of lots in Chi- cago, as referred to in any manner in an instrument of writ- ing made with one Edward Eldridge," etc. It is quite evi- dent that the statement contained in the application and report that Ford had purchased the property of the assignee ����