The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1874-05-26

lIrl morton lol lhp hHalhh'' hhh k'ho-
raj creditor
IN This case the petitioners had
brought suit IN Orange circuit court
aud 0hlnnrd u decree 10 Hell the real
estute Of John i. Tulluferro 10 satisfy
the liens thereon, which had been re-
ported, Before the decree could he eN-
ecuted, Iulluierro became bankrupt
and his assignee filed a petition 10 sell
his real estate discharged of Hens
transferring the liens, II there were
any, tO the fluid IN court The court
directed the creditors 10 be- convened
nj dry named nj the registers oilloe,
10 show cause against the sale In bank
ruptcy, Notice was given by publlcn-
iI0n In n newspaper and summons
sent through the mall The register
reported 10 tho court, February ID, 1874
that NO sufficient cnuso had been
shown why the sale should not be
made by the assignee, aDd thereupon
tho Judge Of the district court made an
order directing the assignee "a sell the
land Of the bankrupt. IN order 70 re-
verse this order the petitioners filed
their petition invoklngthe supervisory
Jurisdiction of the circuit court.
COUNTER STATEMENTS.
The petition stated TINT the petition :
ers aud other lien creditors had APP
pearod In response 10 the rule TO show
cause, and filed written objections Ia
the sale, The answer of the assignee
admits that some objections were
made, but says he X informed they
were not IN writing; that ho had sold
the land for over six thousand dollars,
and considered II n fair sale; insisted
that tho interest OF the creditors de-
mandcd that the ease should Ice retain
ed In the district court, and the land
fund distributed there.
The chief justice was of opinion that
the rights Of the lien creditors coulc
not he bound by the informal and sum
mary proceedings IN the case; that tn,
district court ought not to order sal,
of real estate, without having the facts
before II 10 enable II to determine upon
the proprlety and necessity of "A sale
without knowing whether the interes
of the general creditors demand II, ant
whether II could bc made without pre-
ldicing the interest OF the secured
creditors; that IL was the duty of tn,
assignee to have fully informed III,
uou,V W Wv oun"'',p' w WV pt,'Ptu,N
unu wy n'',o"nu w 'lois Wv ~ va
N'.',ou. Vl,n N"I" Io"so '"V Nv. ,V ,,'a
no' proPor'S "'"o' N"'oi ''"V " W"
THE DUTY or THE ASSIGNEE
IL the bankrupt proceedings would no
give him the requisite information, L
pursue his Investigations in the stat,
court, but TINT In point of laCt the as
signec did not do this, but even ate
he knew of the liens and the pendenc,
of the suit in the state court he seem
rather 10 have avoidedgiving the cour
the requisite information about tn,
matter, but was swift to obtain dc
cree for the sale of the land
The chief justice decides that TN
l,oh c'eu',oiS Wno i,"u p,o.,u '''ei
: ue1's' ns wen Us .,ose mno i,uu prV,Nv'
nun ',S", !" ,'NoNo VIZ supe' F'9o''
j"nia,'ot' ts w. , WV '' i'I ,o. c,, IA.
ihH u',io. JuH,,.o Wv, Nv u1''n' wa
WV u,S.iluV o'ui, s''ou" Nv. III "i.
> cnSe ih,ellere WIN p,"cevS'il'ss u",i
. ''lVnoou ~ S'u'o oou'' peio'e "'JuW
r".'o'' VI oahNrup,VS " enlo,ov N",'
'lc'is o,' 'hv uHhNlupts ,uiu, ou. u
seems W uol,'V'ue WIN .uuso st"iS
, ,i"y sno u,1.''ot o"o'u ouB',, 'io' w =,
'NIlelo WIN Surii proueou'nse cNoVl
nnlel very Peuul'a' r.v'' ~ u
ior instance, whore tUVle ~ soi,le Sut
Sesuoh vi lrauu vi li'poper ouii"u'
on Ihe par' OF the parties il.igant, 4
llllN tNSt III lllUuHlll lIltlt NDUll w "