Page:Federal Reporter, 1st Series, Volume 1.djvu/724

716 FEDEEAL BEPORTEB. �tins case, it seems to me impossible to be unînfluenced by the priee which the petitioner gave for more property than is in controversy in tbis case. That price was only $3,250. The sale to the petitioner was a public sale, after ample advertisement. It is difficult, of course, to lay down any absolute rule, even as to the reduction of the amount allowed by the master. We must necessarily generalize, to a greater or less extent, in considering a question of this kind under the character of the evidence. On the whole, I bave corne to the conclusion that I shall reduce the amount allowed by the master to the sum of $10,000, and for that amount a decree will be allowed to the petitioner, which the owners of the railway will be required to pay upon the execution of a deed by the petitioner to them. ���Wbight and others v. Thomas and others. �{Circuit Court, D. Indiana. January, 1880. ) �ASSTGNMENT FOR BENEFIT OF CbEDITORS — INDIANA StATD CES CONBTRUED. �Under the statutes of Indiana an assignment for the beneflt of credit- toTs is not void, (1) because the assignees did net make oath that the indentures and schedules required by the law contained a statement of ail the property belonging to them, and did not malie oath to otherfacts named in the statute; (2) because the trustees, before entering upon their trust, did not make oath that they would faithfully execute the same, togelher with other things named in the statute ; (3) because the aesignees reserved in the deed the right to instruct the trustees as to their duties; (4) because they reserved the riglit, with the cousent of two- thirds in value of their creditors, to remove one or ail of the trustees ; (S) because they authorized the trustees to scll the propei^ty on credit, or in any other manner that miglit seem for the best interest of ail the creditors. �Drummond, J. This was a bill ûled by the assignees in bankruptcy of Ebenezer Nutting, Frank Wright and Francis N. Eandolph, partners, under the style of E. Nutting & Co., to determine the right and title to certain property formerly owned by the bankrupts, and also to enjoin certain creditors of the bankrupts from prosecuting suits to enforce liens claimed ��� �