Page:Federal Reporter, 1st Series, Volume 6.djvu/72

 60 FEDERAL REPORTER. �Oliveb ». Cdnningham and others. {Oirmit Court, W. D. Michigan. , 1880.) �1. BAIfKRTrPTCT— M0KTG>GB FOKBCLOSDHE — ASSIGNEE NOT A NbCESSART �Pabtt. �The assignee in bankruptcy of a bankrupt mortgagor is not a nec- essary party defendant to foreclosure prooeedings instituted prior to the adjudication in bankruptcy. �2. Samb — Same— Assignee Can be Made a Partt. �Such assignee can, however, be made a party upon his own petition, if there should be any reason for his interposition.— [Ed. Eyster v. Qaff, 91 U. 8. 521. �In Equity. Petition to have proceedings stayed. �WiTHEY, D. J. Garret B. Hunt, one of the defendants, has filed a petition to have the proceedings in the suit stayed until the assignees in bankruptcy of Cunningham, Haines, and Eob- inson are made parties defendants. It appears by the petition that the three last-named defendants have been adjudicated bankrupts, and that assignees have been appointed upon proceedings in bankruptcy instituted subsequent to the com- mencement of this suit. �Also, that defendant Eobinson has received a discharge, and that Cunningham and Haines have applied to be dis- charged. At the commencement of this suit the title of the lands which are the subject-matter of the bill was in defend- ant Cunningharn, which title has devolved upon his assignees, by virtue of the proceedings in bankruptcy. �Counsel for petitioner insists that ail persons who may be affected by- the decree should be made parties; that such assignees would be affected by a decree in favor of complain- ant; and that the case cannot properly be heard, therefore, until they are made parties. Neither they, as assignees, nor the land held by them, will be concluded by the decree. Cases cited appear to sustain such views. Anon. 10 Paige, 20, is a foreclosure sale, where the equity of redemption or legal title passed to the defendant's assignees in bankruptcy subsequent to commencement of suit and prior to decree. Chancellor Walworth said the suit had beoome defective, and could not ��� �