Page:Federal Reporter, 1st Series, Volume 3.djvu/851

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614 FED^&I< BÏIPOBTEB. �wholly irrelevant the, testimofiy relatitig to the existence and elïect of the disputed assignment by Simeon Hyde to McNulty and Chapman, under which Ghapman > derives his alleged earlier and independent equitable interest as Hyde's assignee. It bas notliing to do with, and cannot affect, the questions involved in these applications, which are simply of the valid- ity and bona fides of the deeds in question, and Chapman's complicity in the fraud, if they are void for fraud, and of the petitioners' alleged laches in making the applications to set them aside, which, it is claimed by the respondent, should now preclude them from the relief asked for. We corne, theref ore, to the consideration pf those questions. �The deeds in question made by Waddell, as assignee in bankruptcy of Henry King, are ûve in number, as f ollows : �(1) A deed to Gordon L. Ford, dated July 15, 1845, but acknowledged and admitted to have been executed October 26, 1868; (2) a deed to Gordon L. Ford, of the same date, and executed on the same day as the preceding; (3) ia deed to Isaac L. Hupt, dated December 3, 1858; (4) a deed to Isaao L, Hunt,, dated January 19, 1859; (5) ;a deed, to Chapman, the respondent, without date; but acknowledged July 11, 1862. TJie deeds in questiop. made by Waddell, as assignee in bankruptcy of Simeon Hyde, are three in number, as fol- lows: (1) A deed to Gordon L.Ford, dated October 26, 1858; �(2) a deed to Isaac L. Hnnt, dated January 19, 1859; (3) a deed to Chapman, the respondent, dated July 10, 1862. �It is conceded that the two.deeds to Chapman were taken for the purpose of oorrecting a supposed error in the previens deeds, which error, it is now fidmitted, did not exist, and if a case is made out against Chapman for vacating the other deeds, these must also be vacated on the same grounds. It is unnecessary, therefore, to state the case, except with refei'- ence to the six earlier deeds. Long before the making of these deeds, certain proceedings were had in this court in rela- tion to the interest of the bankrupts supposed to be affected by the deeds. Henry King's schedule of assets thus refers to the matter of this property : "My joint interest in Hunter purchase of lots in Chicago in Co. S. Hyde, managed by Charles ����