Page:Federal Reporter, 1st Series, Volume 6.djvu/885

 IN BE HYDE. 873 �on the validity of this prior sale. The particular point now asked to be adjourned, as to the effect on the sale to Hallihan of the notice of sale being only a six days* notice, whereas the rules of the court required a f ourteen days' notice in case of the sale of real estate, was not taken in the argument in this court; nor was it decided that the interest of the assignee, if he had any, which was sold to Hallihan, was real and not Personal. This point of the validity of the sale to Hallihan does not toueh the principal grounds of the decision, — the fraudulent practice on the court by Chapman, and the fraud- ulent Tariance between the orders and the deeds, as to which no questions are asked to be adjourned into the circuit court. I am asked to adjourn the further question whether the recitals in the deeds given by the assignee are not conclusive in favor of the respondent under section 15 of the act, which provides "that a copy of any decree in bankruptcy, and the appointaient of assignees as directed by the third section of this act, shall be recited in every deed of lands belonging to the bankrupt sold and conveyed by any assignees under and by virtue of this act, and that such recital, together with a certified copy of such order, shall be f uU and complete evi- dence both of the bankruptcy and assignment therein re- cited, and supersede the neoessity of any other proof of such bankruptcy or assignment to validate the said deed ; and ail deeds containing such recital, and supported by such proof, shall be as effectuai to pass the title of the bankrupt of, in, and to the lands therein mentioned and described to the pur- chaser, as fully, and to ail intents and purposes, as if made by such bankrupt himself immediately before such order." I cannot perceive that there is any question of difficulty or importance, as bearing on this case, growing ont of this sec- tion. This section provides what shall be recited in an as- signee'sdeed, and the efifect of that recital as evidence. It also provides what shall be the effect of his deed as a conveyance. It has no relation to the effect of fraud or imposition practiced by a party obtaining a deed from an assignee, and certainly cannot be construed as taking away any power that the court may have to annul such a deed ; nor can it be construed as- ��� �