Heath v. Hyde

• Decision Date: 30 September 1877
• Citation: 1877 WL 5758,87 Ill. 91
• Parties: WILLIAM F. HEATH et al.v.GEORGE W. HYDE.
• Court: Illinois Supreme Court

87 Ill. 91

1877 WL 5758 (Ill.)

WILLIAM F. HEATH et al.

v.GEORGE W. HYDE.

Supreme Court of Illinois.

September Term, 1877.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Will county; the Hon. JOSIAH MCROBERTS, Judge, presiding.

This was a bill in chancery, brought by John I. Heath, in his lifetime, against George W. Hyde, to remove a cloud from the title of a lot in the city of Joliet, growing out of a tax deed. The opinion states all the facts necessary to an understanding of the points decided.

Mr. EDMUND S. HOLBROOK, for the appellants.

Mr. GEORGE S. HOUSE, for the appellee.

Mr. CHIEF JUSTICE SCHOLFIELD delivered the opinion of the Court:

When this case was before us at a former term, an intimation was thrown out that the record of the decree of the District Court of the United States, declaring James B. Campbell a bankrupt and appointing William C. Bostwick his assignee, was defective, because it contained no placita or convening order of the court. This, however, was but an intimation. The specific objection had not been urged in the court below, and it was, therefore, improper for us to consider it here--and this is all that was decided on that point. But this specific objection was urged upon the last trial in the court below, and the question it presents is now, for the first time, properly before us for determination.

On looking into the Bankrupt act of 1841, we find that it is provided in section 6, “that the district court in every district shall have jurisdiction in all matters and proceedings in bankruptcy arising under this act, * * * the said jurisdiction to be exercised summarily, in the nature of summary proceedings in equity. * * *” And in section 13: “That the proceedings in all cases in bankruptcy shall be deemed matters of record; but the same shall not be required to be recorded at large, but shall be carefully filed, kept and numbered in the office of the court, and a docket only, or short memorandum thereof, with the numbers, kept in a book by the clerk of the court.” And in section 15: “That a copy of any decree of bankruptcy and the appointment of assignees, as directed by the third section of this act, shall be recited in every deed of lands belonging to the bankrupt, sold and conveyed by any assignees under and by virtue of this act; and that such recital, together with a certified copy of such order, shall be full and complete evidence both of the bankruptcy and assignment therein recited, and supersede the necessity...