In re Conant

6 F. Cas. 257, 1862 U.S. Dist. LEXIS 108

Opinion

In 1S58, the official assignee in bankruptcy of Conant conveyed certain land in Illinois to one Brown, who conveyed it to one Jones. One Taggard had bought the same land in 1843, and obtained a deed of it, and had gone into possession of it. and held it until he died, in 1SÓ1. His heirs, having sued Jones in trespass, in Illinois, to establish their title to said land, petitioned the district court, in 1SG1, for relief against the deed of the assignee. The assignee and Brown and Jones were cited to answer. The court found that it had been induced to order the sale by the assignee under the impression on the part of the court that the land was without value, and that the sale was to be made only to relieve the land in the hands of Taggard from any cloud or technical infirmity of title; that the court had given the title gratuitously to a party who might use it in fraud of the estate of the bankrupt or of an honest purchaser of it; and that the order of sale ought not to stand, but should be rescinded, as having been obtained by a party cogni-sant of all the facts impeaching its equity and justice.

The above state of facts was recited in an order which the court made July 7, 18G2, vacating and declaring void the order of sale made in 185S, and declaring null and void the deed from the assignee to Brown, and ordering the assignee and Brown and Jones to deliver the deed to the clerk of the court to be cancel-led.