Page:Federal Reporter, 1st Series, Volume 6.djvu/699

 IN BE HOTT. 687 �lows a particular description of several parcels of land in the city of New York. �It appears by the petition that the interest of the assignee in both matters was put up and sold together, and that one James M. Smith, Jr., became the purchaser at the auction sale for the sum of $1,750, which he paid to the assignee, -where- upon the assignee delivered to him separate deeds as assignee of Jordan Mott, and as assignee of Jacob H. Mott, which deeds of his interest as assignee of Jordan Mott express, as the consideration thereof for the several parcels of land, the Bums of $726, $50, and $50, respectively. �It is not alleged in the petition that Smith was guilty of any fraud or deceit, or that he was not a honafide purchaser, for value, of such interest as was conveyed to him by the assignee ; and, although improper motives^ in respect to the disposition of the proceeds are charged against the assignee, it is not alleged that Smith, the purchaser, was privy to them in any way. Nor is it alleged that the price bid and paid by Smith was less than the interest of the assignee was then worth, or that any other parties were willing, or could have been found, to give any greater sum. It does appear by the petition, on the contrary, and is expressly alleged, that Jor- dan Mott actually owned the real estate in fee at the time of his death, and was in possession thereof, from which it must be inferred that the interest of the assignee, whatever it may have been, was a mere colorable interest; that that which was sold and bought was merely a right to bring a la,wsuit to recover the lands under a title adverse to that under #hich Jordan Mott held and claimed them. This necessarily dis- poses of the claim on the part of the petitioners that this sale should be set aside as improvidently made and as injuriously affecting the interests of the b&nkrupt's estate. Unless there was an inadequacy of price, ho such relief could be giVoh on- that ground, even if, af ter this great lapse Of time, the petitloti on that ground would be entertained. I think, al'so, upoh this petition, the purchaser, Smith, and his gtantees, are entitled to avail themselves of ail the benefits thiat uiay be claimed by a honafide purchaser upon a judicial sale, no bad ��� �