Page:Federal Reporter, 1st Series, Volume 6.djvu/599

 IN EB HYDE. 587 �it could not have failed to exercise considerable influence, especiftlly if plaintiffs, knowing who held it or to whom it was by them sent, failed to produce it or show that theyhad tried to do so. Defendants applied after the trial to Halli- day Brothers, who could not find the order, but gave them the correspondence alluded to between themselves and plain- tiffs, and their affidavit. The new testimony is regarded as not only malerial, but of a character to have prevented a verdict for plaintiffs ; and it is not seen how defendants can be said to have been otherwise than surprised on the trial by the non-production of the order, or of information of its whereabouts, and plaintiff Mansfield's testimony wholly deny- ing the existence of any order of the kind. Mansffeld's deatb ought not to be a sufficient reason for perpetuating a verdict thus obtained. �A new trial is granted, but on the terms that defendants pay the taxable costs of the trial. ���In re Hyds, Bankrupt. �In re Ema, Bankrupt, �{Oireuit Court, S. J). 2few York. March 28y 1881.) �Bankruptct Couet— Power to Set Asidb Fraudulent Dbbdb. The district court has power, wljile sitting in bankruptcy and exer- cising tbejurisdiction conferred by the bankrupt law of 1841, by sum- mary order, to set aaide and order to be surrendered and cancelled deeds given by the oflicial as^gnee, which are improvidently, irreg- nlarly, or without due authority executed by him, or.whicji were pro- cured to be executed by imposition and fraudulent practices upon the court, or which were designedly sd drawn as to be grants in excess of or varying in material particulars from the orders of the court under which they purport to be executed, while the same are still in the hands of the party by whom they were so procured from the assignee, and who had notice of said irregularities and defects, and who gave no value therefor, except certain sums paid to the officiai assignee as fees, upon the petition of a party not a crediter of the bankrupt, and having no interest in the matter, except that he is in the possession of land, claiming title tliereto, and that he has been sulijeoted to liti- ��� �