Page:Federal Reporter, 1st Series, Volume 6.djvu/723

 IN RB STEVENSON. 711 �In Bankruptcy. Sur petition of W. K. Jennings, adminis- trator de bonis non cicm testamento annexa of John Stevenson, deeeased, to set aside a private sale of the real estate of the bankrupts, made by the assignee, as per order of court, to William M. McElroy. �W. K. Jennings, for estate of John Stevenson, deeeased. �John M. Kennedy, for assignee. �John Barton, for purchaser. �AcHESON, D. J. The order authorizing the private sale in question was made during the present term of court, to-wit, on February 18, 1881, but it was not consuinmated by the delivery of the deed to the purchaser tintil February 26th, or later. The petition to set aside the sale Was presented March 15, 1881. No report of the sale was made by the assignee to the court, and this, perhaps, was not necessary. However, I am clearly of opinion that for good cause shown the court has the power to set aside such sale, at least during' the term at which the order to sell is made. Act of June �22, 1874, § 5062&; Bump, ; Blumenstiel, 250; In re �Ryan, 6 B. E. 235. The act of June 22, 1874, declares "that, unless otherwise ordered by the court, the assignee shaU sell the property of the bankrupt, whether real Or personal, at public auction, in such parts or paroels, and at such times and places, as shall be best ealculated to produce the greatest amount with the least expense. * * * And the court, on the application of any party in interest, shall have com- plete supervisory power over such sales, including the power to set aside the same, and to order a resale, so that the prop- erty sold shall realize the largest sum." �Undoubtedly, this latter provision is broad enough to em- brace a private sale of the real estate of a bankrupt made under an order of court authorizing it. And I am of opinion that, even where such sale has been consummated by a deliv- ery of a deed, the court, in a proper case, may exercise the power to set aside the sale, if application is made within due time. Here, I think, it was made in due time; for we are in the same term at which the order to sell was made, and the application to set the sale aside, which is by a party in inter- ��� �