Page:Federal Reporter, 1st Series, Volume 6.djvu/704

 692 FEDERAL EBPOETBR. �the order and direction of the court, a general rule (62) was inade, under which the assignee might aet, without applying to the court in the particular case to designate the newspa- pers in which he should advertise ; but this general rule was not designed to restrict the court from making a special order as to the manner of sale, which the court was, by the ninth section, expressly authorized to do. This is made entirely clear by rule 61, which must be read in connection with rule 62, and which provided that "the sale of the bankrupt's estate shall be at public auction, and for cash, unless, on the report of the assignee, or with his assent, it is otherwise specially ordered by the court." �Eule 62, which immediately follows, was designed to carry this into effect, and relates only to auction sales without special order, the court thus directing, under section 9 of the act, that the assignee might in* ail cases sell at once or at any time at public auction, upon giving the notice prescribed in that rule. As to rule 70, it bas no direct application to sales under special orders of the court, for they are not "proceed- ings in bankruptcy required to be published in newspapers," either by the statute itaelf or by any other rule. Thefe is, therefore, no force in this objection, and the order being in conformity with the ninth section of the act, and not in viola- tion of any rule of the court, was entirely regular in this respect. ' It is not intended, by putting the decision on the ground that the order of sale and the sale were not in the par- ticulars complained of irregular, to intimate, or to give any support to the claim of the petitioners, that a judicial sale to a honafide purchaser, consummated by a conveyance and the payment of the consideration, can be avoided because of such error of the court, if there had been errors, the court or the assignee having jurisdiction to order the sale. The general rule undoubtedly is, as to honafide purchaser s at judicial sales, that the only questions open are power in the court and good faith in the purchaser. Voorhees v. U. S. Bank, 10 Peters, 477, and cases cited. But what would be the effect of these al- leged irregularities, if they had been such, it is not necessary to inquire. ��� �