Page:Federal Reporter, 1st Series, Volume 4.djvu/812

 798 FSDEBAL BEFOBTEB. �sent from the state of Texas, and that thç executors of the estate of Jones had fraudulently suspended and had not re- sumed payment of the commercial paper of the said firm of J. Ulrich & Co., nor of their estate, for the period of four- teen days. �The executors of Jones, by their attorneys, accepted service of the petition. No notice of said petition was given, nor service of process thereon was ever made on Ulrich, tho sur- viving partner of said firm. �On November 4, 1867, the firm of J. Ulrich à Co. were formally adjudicated bankrupt by the register in bankruptcy, and Frederick Carlton, Esq., was thereupon duly appointed assignee. On the petition of certain creditors of said firm, who had obtained judgments in the United States circuit court against the executors of Jones prior to the said adjudication, the bankrupt court directed Carlton, the assignee, to sell certain lands in the said petition described, being the individual prop- erty of the estate of Jones, among which was the property in controversy in this suit. By virtue of this order the saidreal estate was sold, and the lands now in controversy were pur- chased by the defendant, who, having complied with the terms of the sale, reoeived on April 10, 1868, a deed therefor from the assignee. The proceeds of the sale were, by order of the bankrupt court, paid to the creditors who had obtained Judg- ments and acquired liens upon the property, the judgments having been propounded in the bankrupt court. �At the time of the institution of the proceedings in bank- ruptcy, and for several years previous thereto, and at the time ot the adjudication, Ulrich was in Mexico. After the distribution of the proceeds of the sale aforesaid, and of the sale of some of Ulrich's individual property, among the cred- itors of J. Ulrich à Co., Ulrich received bis discharge in bank- ruptcy. �In Mnrch, ISôî, the executors of Jones were, upon motion of ceiUùn of the heirs, required by the probate court of Bexar county to give bond in the sum of $50,000, or be removed ; but no bond was given, and no order of removal nor any other order bas been thereafter made. ����