Page:Federal Reporter, 1st Series, Volume 5.djvu/801

 lINi SB' DONNBLEYl : T89' �tiojp. It is cDDopetent for the court to decide tîiat it is verified before a proper officer, and when the court has so deflided, and an order of adjudication. bas been entered, it is too late for the debtor, or for any crediter, to raise the question. An order of adjudication is a judgment, and is as efifective as any other judgment to cure irregularities in practice which do not touch the jurisdiction of the court." �The serious consequences which wonld resuit from holding, in conf ormity with the p'etitioner's claim, that any irregularity or defect in the preliminary proceedings renders the adjudi- cation void ab initio, are forcibly stated by Judge Woodruff in Itire Raynor, supra. No title to real estate, àcquired under bankruptcy proceedings, wonld be safe, no matter to what ex- tent the bankrupt's property had been administered and dis- tributed, or how many suits have been instituted and suecess- fully maintained by the assignee to recover real or persoûal estate which the bankrupt had . diiaposed of in fraud of his cfreditors. Eyerything wonld beliable to be distùrbed and lùn- settled at a'ny. stage of the proceedings, if the court is boùnid to tl'eatsiach irregularities and defects as juriBdiotional faetsi ■ �In ihe, present càae more than^tliree yeàrselapsedfroin -the; date of iadjiidioation before any question "was raised.' In the meantime the asfeignee, nneonsciqus Of risk, and presutnîng upon the regularify ofi the: adjudication and the 'Talidi^ v • '-'■, .. •, ;• �.;Treatin^ the adjudicatioh as Toid> he becomes'a>tort-fea8ôr, and is Hable asa trespasser iet thehonest execution of a trust which ithe court obiiged Mm to perform by vii*tae ôf his office, �Such considerations are not coijfeiusive against the constj»ue- - tioH of the law contendedfor by the petitioner; but they aflford very reasonable grôunds fot belieVing that the congress; in fràming'tbe: act, ijetier intended ati interpretation should be ■ gmatç! dt which would lead to such resutts; ' �It follôwsi' from this! view, that any irregularity iû terify- ing the pôtition, 6r the debts of the petitioiiing creditors, may ����