Page:Federal Reporter, 1st Series, Volume 6.djvu/722

 710 FEDERAL REPORTER. �would be Qamed out, and so ail possibility of dissolving peti- tioner's lien put an end to, yet, if there was no reason to antic- ipate anydifficulty in the carrying out of the composition agree- ment, the petitioner might have had his money. McGehee v. Hentz, 19 N. B. E. 137. But as this crediter took the law into his own hands, and appropriated the money without leave of the court, subject to whose order it was held, the merits of his application for satisfaction of his lien must be determined by the state of facts existing now, when he first asks leave of the court to take the money, The eircum stances have entirely changed. The bankrupts have entirely failed to pay the composition. They have been again ordered to do so, and proceedings are pending agaiust them to have them punished for a wilful neglect to to pay the composition. �There is now strong reason to anticipate that the compo- stition will be set aside and an assignee appointed, if the appointment already made is invalid, as is claimed by this petitioner, and in that case the petitioner's attachment will be dissolved and this money will be distributed among the cred- itors. �Motion denied, without prejudice to its renewal in case, upon the termination of pending proceedings, the composi- tion shall not be set aside. ���In re Stevenson and others, Bankrupts. {District Court, W. D. PennayUania. April 25, 1881.) �1. Bankruptcy Court — Powei; to Set Abidb Private Sale. �For good cause shown the court may set aside a private .sale of the real estate of a bankrupt made under its decree, evea where the sale bas been consummated and a deed delivered to the purchaser, if ap- plication by a party in interest to set the sale aside is made in due time. �2. SaME— SaME — BONA FiDE PCECHASEK. �In such case tho court may set aside tho sale and vaoate the decree under which it was made, notwithstanding the purchaser from the assignee, the next day after he received his deed, conveyed the title to his fathev, wiio claiined to be a honajide purchaser. ��� �