Page:Federal Reporter, 1st Series, Volume 5.djvu/532

 52Q FEDERAL REPORTER. �BaTLEE, D. J. In view of the great lapse of time since the termination. of proceedings in this case, the court did not esteem it wise to appoint an assignee, as asked to do by the petition of Mr. MeCrea, without soine evidence of the exist- ence of unadministered assets. The application was there- fore referred to the register to hear the petitioner and report. Considerable evidence bearing on the subject was presented, a,nd several important questions of law, and fact raised and considered, — the Girard Bank, in whose possession assets are alleged to exist, being allowed through its counsel to partici- pate in the inquiry, and to defend against the allegation. The register upon a very careful and able examination of a leg3;l question raised by the bank, which he decided in its favor —holding in consequence that no recovery could be had— reported adversely to the petitioners. Without determining whether the register's decision respecting the question con- sidered by him, is right or not, and without intimating any opinion on the subjeot, or any other disputed question of law or fact involved, I have concluded to appoint an assignee. Evidence of the existence of unadministered assets has been produced; and notwithstanding the important questions of law and fact to which my attention has been called, and which must be passed upon before the right of the assignee to recover ean be determined, I believe the creditors should have an opportunity of proceeding in the case, and thus testing their rights. The questions raised in answer to the appli- cation cannot properly be considered at this time. Anxious as I have felt to avoid any action that might promote unnec- essary litigation, I am satisfied after a very deliberate consid- eration of the case, that the prayer of the petitioner should be granted, and the creditors t^us allowed to proceed to recover the alleged assets if they believe the circumstances warrant it. ����