Page:Federal Reporter, 1st Series, Volume 6.djvu/698

 686 FEDERAL REPORTER. �Mott in certain real estate made by the assignee at public auction on the eleventh day of September, 1868. A grantee of a grantee of the purchaser at the sale, having been served with notice, has appeared, and now moves that the petition be dis- missed on the ground that it states no case for setting aside the sale. This motion is in the nature of a demurrer to the petition. The motion was heard, however, upon the petition and upon ail the proceedings of record in the case. �Jordan Mott was adjudicated a bankrupt under the bank- rupt law of 1841. He died, as appears by the petition, in 1874, leaving a will under which the petitioners claim as bis devisees. In his life-time, and subsequent to his bank- ruptcy, he is alleged to have entered into possession and to have been seized in fee of certain lands — part of the lands included in the sale sought to be set aside — which were set off to him in partition ; and the petitioners, as his devisees, claim to have succeeded to his title. This is the interest by virtue of which they claim to set aside the sale, their rights and interest as devisees of Jordan Mott being adversely affected by the title made under his assignee in bankruptcy. It is not suggested, at this stage of the case, that the peti- tioners have not sucb an interest as authorizes them to maintain the petition if it states a case for setting aside the sale. �The order of the court under which the assignee acted in making this sale was entitled Ira the Matter of Jordan Mott, Bankrupt, and also In the Matter df Jacob H. Mott, Bankrupt, both of which proceedings were pending in this court under the bankrupt lawof 1841. The order, which was dated thir- teentb of June, 1868; directs the officiai assignee "to sell the assets hereinafter referred to in each of said matters at pub- lic auction, and for cash, by advertising the same one time, 14 days prior to the day of sale, in the newspaper called the Times, published in the city of New York, describing the same as followa: "Ail the right, title, interest, etc., of each and either of said bankrupts in and to any and ail real estate in any manner described in a certain will of John Hopper, etc., which is more particularly described as follows:" Then fol- ��� �