Page:Federal Reporter, 1st Series, Volume 6.djvu/884

 873 FBDEBAL REPOBIEK. �value therefor except certain sums paid to the officiai assignee as fees, upon the petition of a party not a crediter of the bankrupt, and having no interest in the matter except that he is in possession of land, claiming title thereto, and that he has been subjected to litigation, or is threatened with liti- gation, in respect to said land, based upon the deeds sought to be avoided. Whether this power, if it can be exercised at ail, can be exercised after the discharge of the bankrupt, and when there are no longer any known assets to be distributed among credltors." �When these petitions were first presented to the court the reepondent, Chapmah, appeared and moved that the petitions be dismissed on the ground that the court had no power to set aside the deeds upon these petitions. After argument of this motion it was withdrawn, without prejudice to the same point, to be taken up on a hearing on the merits, and the respondent answered. The point was again taken on the final hearing. It was insisted that if the petitioners have any title to relief they must proceed by plenary suit by bill in equity, and not summarily. This point was decided against the respondent. However clear it may seem to me that the court has power to avoid the deeds by summary order, the importance of the question is such that I think I ought to adjourn it into the circuit court. �In Nelson v. Ca/rland, 1 How. 265, Justice Catron says : "The district judge may adjourn into the circuit court any question, whether he has or has not doubts regarding ita decision. Its importance is a suiEcient reason." I think this question is of sufficient importance to be so adjourned. �The next question that I am asked to adjourn into the circuit court is whether the sale to Hallihau was valid, and prevented a conveyance subsequently to Hunt. This point is not important because not decisive of the case. It is true that as against Chapman, who acted under the name of Hunt, and was not a bonajide purchaser for value, the prior sale to Hallihan, which had never been set aside, is made one of the grounds for holding the deed to Hunt improvidentiy and ille- gally given, but the decision does not rest wholly or chiefly ��� �