Page:Federal Reporter, 1st Series, Volume 1.djvu/584

576 FEDERAL REPORTER. �proceedings, or to transfer them to the bankrupt court, (if power to take such steps existed,) and there being no frauA proven or alleged, we are of opinion that a good title was obtained under the decree of sale made in the state court." �In Eyster t. GaffiliQ facts were that a suit to foreclose a mort- gage was commenced in the state court in 1868 ; that the mort- gagor and defendant in the suit was adjudged a bankrupt in May, 1870, and that a decree was rendered in the foreclosure suit in the state court in July, 1870, upon which the property was sold. The bankrupt's assignee did not intervene and was not made a party. The court held that the state court had jur- isdietion, and that the decree and sale were valid. Mr. Justice Miller, delivering the opinion of the court, said : "It is almost certain that if at any stage of the proceedings, before sale or confirmation, the assignee had intervened, he would have been heard, to assert any right he had, or set up any defence to the suit. The mere filing in the court of a certificate of his appoint- ment as assignee, with no plea or motion to be made a party or take part in the case, deserved no attention and received none. In the absence of any appearance by the assignee, the validity of the decree can only be impeached on the principle that the adjudication of bankruptcy divested the other court of ail jurisdiction whatever in the foreclosure suit. * * • This court has steadily set ita face against this view." �There is nothing in the case of Gleaning v. Langdon, 98 U. S. 20, that conflicts with these views. In that case a crediter, after his debtor had been adjudged a bankrupt, brought a creditor's bill to recover property conveyed by the bankrupt in fraud of his creditors, alleging, as ground for doing so, that the assignee refused to bring the suit, and for that reason making the assignee a defendant. The creditor had no lien on the property, and suit was brought after the adjudication in bankruptcy and the appointment of an as- signee, and the court say that in such case the assignee must bring the suit, and point out the proper mode of proceeding by the creditors, in the event that he wrongfully refuses to do 80. There was no lis pendens and no lien in that case before ��� �