Page:Federal Reporter, 1st Series, Volume 5.djvu/926

 914: i-Ki»EUAli aEPOKTEIt. �In re Waggonee, Bankrupt. {Dùirict Oowrt, W. D. Tmnessee. February 19, 1881.) �1. DtscHAHOB — Thirtt Pbr Centum — Dbposit fob Costs. �In determining whether the assets are equal to 30 per centum ot the delits proved, it is to the gross proceeds the court looks, and not the net sum paid to creditors ; and the deposit of $100 for costs must he estimated as part of the assets. �2. Samb Bubject— Peactice— Depicienct of Assets. �If the bankrupt desires to be discharged on the ground that his assets were of greater value than is shown by the assignee's sales, he must, in his petition for discharge, or somë supplemental petition, State the facts, and tender issues to be tried in a plenary way. �3. Samb Subject — Valbb dp Assets — When Dischaegb Gbantbd. �Actual resulta of a fair sale are the best evidence of the value of the assets, and this will be conclusive on the question of discharge, unless there be some element of unfairness in the conduct of the sale, such as f raud, collusion, or some accident or mistake, irhereby the prop- erty has brought substantially less than its real value, in which case, upona proper showing of the facts, the dischrarge will be granted, not- "withstanding the deficiency of funds in the hands of the assignee. �4. Samb Subjbct — Increasb op Assets. �In this case, where the deficiency is very trifliag, the court allowcd the bankrupt to make it good, but declares against the practice. �In Bankruptcy. �J. F. HuddleMon, for bankrupt. �Hammond, D. J. The questions arising in this case are presented by the foUowing certificate of the regiater, and the proof accômpanying it : �"eegister's certificate. �"I,T. J.Latham, the register in charge of said cause, hereby certify that ail the meetings in said case have been held as required under the law and rules of this court; that the specifications in opposition filed against the discharge of said bankrupt bave been dismissed by order of the court; that two debts against said bankrupt have been filed, aggregating $668.01, viz., J. E. Adams $78.90, E. W. P. Pool $589.11; that the gross amount realized by the assignee viras $94.45, the amount deposited was $90, makiiig a total of $184.45. ����