"1.
On the 5th day of April, 1883, P. H. Thompkins executed an
instrument in writing whereby he purported to assign and convey to William G. Randall all his real and
personal property for the benefit of his creditors, and which
assignment purported to be made under and in pursuance of an
act of the legislature of the state of Illinois, entitled
'An act concerning voluntary assignments, and conferring
jurisdiction therein upon county courts,' approved March
22, 1877.
"2.
At the time of said assignment the said P. H. Thompkins
resided and was doing business and had the greater part of
the assigned property in Woodford county, in the state of
Illinois.
"3.
Said William G. Randall did not accept said assignment, or
the trust thereby created.
"4.
On the 5th day of April, 1883, the said instrument of
assignment was filed for record in the office of the recorder
of deeds of Woodford county, Illinois.
"5.
At the time of the execution and recording said assignment
there was no schedule of the property attached to or filed
with said assignment, describing the property intending to be
assigned. The said assignment contained the statement that
the property thereby intended to be assigned was 'fully
and particularly enumerated and described in an inventory
under oath of said assignor, thereto annexed, marked
'Schedule B,' and made part thereof.'
"6.
On the 11th day of April, 1883, there was made and filed in
said recorder's office a statement under oath of said P.
H. Thompkins of the assets of said assignor, and attached to
said assignment, and intended to operate as such
'Schedule B' thereto.
"7.
In said statement of assets was contained a description,
among others, as follows: N. E. qr. sec. 9, T. 34, R. 2 E.,
Sumner Co., Kansas; S. E. qr. sec. 9, T. 34, R. 2 E., Sumner
Co., Kansas; N.W. qr. sec. 22, T. 28, R. 2 W., Sedgwick Co.,
Kansas. But the same in no way described any land in section
4, township 34, range 2 east, in said county of Sumner.
"8.
On the 12th day of April, 1883, the said P. H. Thompkins
signed and acknowledged two quitclaim deeds, in which
'David A. Espey, assignee in trust for the benefit of my
creditors,' was named as grantee, one of which said deeds
purported to convey to said Espey the northwest quarter of
section 22, in township 28 south, range 2 west, in Sedgwick
county, Kansas, and one of which purported to convey to said
Espey the southeast quarter of section 4 and the northeast
quarter of section 9, in township 34 south, of range 2 east,
in Sumner county, Kansas. Neither of said deeds was delivered
to said Espey, nor accepted by him.
"9. On the 16th day of April, 1883, the said P.
H. Thompkins filed said first deed for record in the office
of the register of deeds of Sedgwick county, Kansas, and on
the 16th day of April, 1883, at one o'clock P. M., filed
said second deed for record in the office of the register of
deeds of Sumner county, Kansas."
"11.
There was no consideration whatever for the execution of
either of said quitclaim deeds, and they were both executed
for the purpose of preventing
the creditors of said Thompkins from levying legal process
upon said land until said assignment should be accepted by
said Randall, or an assignee should be appointed in his stead
by the county court of Woodford county, Illinois.
"12.
On the 14th day of April, 1883, the plaintiff commenced this
action against the said P. H. Thompkins in this court, in
which he obtained personal service upon said Thompkins, and
on the same day procured an order of attachment to be issued
in said action directed to the sheriff of Sedgwick county,
Kansas, which attachment was on the 14th day of April, 1883,
duly levied upon the northwest quarter of section 22, in
township 28, range 2 west, in Sedgwick county, Kansas; and on
said 14th day of April, 1883, said plaintiff procured an
order of attachment to be issued in said action directed to
the sheriff of Sumner county, Kansas, which attachment was on
the 16th day of April, 1883, at 3 o'clock P. M., duly
levied on the southeast quarter of section 4, and the
northeast quarter of section 9, in township 34, range 2 east,
in Sumner county.
"13.
At the June term, 1883, of this court, which term began on
the 5th day of June, 1883, the plaintiff obtained judgment
against said P. H. Thompkins in said action, for the sum of $
1,572.80, and an order for the sale of the above-described
attached real estate to satisfy the same.
"14.
On the 26th day of April, 1883, the county court of Woodford
county, Illinois, appointed David A. Espey assignee of said
estate of the said P. H. Thompkins in the place of the said
William G. Randall, who had failed to accept said assignment;
and the said David A. Espey then and there accepted said
trust, and qualified as such assignee under the act of the
legislature of Illinois, aforesaid.
"15.
On the 29th day of June, 1883, the said assignment, and said
schedule of assets, and a copy of the order of the county
court of Woodford County, Illinois, appointing said David A.
Espey assignee thereof, were filed for record, and recorded
in the office of the register of deeds of Sedgwick county,
Kansas. And on the 17th day of August, 1883, the
same were filed for record, and recorded in the office of the
register of deeds of Sumner county, Kansas.
"16.
On the 20th day of September, 1883, the said David A. Espey
presented to the county court of Woodford county, Illinois,
the following petition:
"'STATE
OF ILLINOIS, WOODFORD COUNTY, ss.--COUNTY COURT,
September Term, 1883.--In the matter of the assignment of
Philip H. Thompkins: Now comes David A. Espey, assignee
in the said matter, by Hopkins & Hammond, his attorneys,
and shows to this honorable court, that among other assets of
the said estate assigned to and inventoried by him, are the
following tracts of land, viz.: Block 14 in Gibson's
addition to the town of El Paso, containing about fifteen
acres; also the northeast quarter of section number 9,
township number 34 north, range number 2 east, in Sumner
county, Kansas; also the southeast quarter of the section
last aforesaid; also the northwest quarter of section 22,
township number 28 north, range 2 west, in Sedgwick county,
Kansas. The said tracts of land are all of them seriously
incumbered by mortgages, tax liens, attachment suits now
pending and undetermined, and the dower right of Mary H.
Thompkins, the wife of said assignor, rendered it difficult
to sell said land at any adequate price; and further shows
that said Mary H. Thompkins has offered to purchase the title
vested in him as such assignee upon the following terms,
viz.: To give for said first-named tract the sum of seven
hundred dollars in cash, and take the same subject to all
existing liens and incumbrances; to give for the second and
third tracts above named the sum of three hundred dollars,
and take the same subject to all incumbrances. To give for
the last tract above named the sum of four hundred dollars,
and take the same subject to all liens and incumbrances; and
further, to give your petitioner a quitclaim deed, releasing
all her homestead and dower rights in all other real estate
vested in said petitioner by said assignment. And petitioner
shows that in its involved condition said property could not
be advantageously sold at auction; that he has made diligent
effort to dispose of the same at private sale, and has not
been able to obtain any better offer than the one above
named. He believes it will be for the best interests of the
estate to accept said offer.
"'Wherefore,
he most respectfully asks the order and direction of this
honorable court in said matter. DAVID A. ESPEY,
Assignee.'
"17.
On the 20th day of September, 1883, the county court of
Woodford county, Illinois, made the following order:
"'STATE
OF ILLINOIS, WOODFORD COUNTY, ss.--COUNTY COURT,
September Term, 1883.--In the matter of the
assignment of Philip H. Thompkins: This day
this matter coming on for further hearing upon the petition
of the assignee herein for leave to sell block number 14 in
Gibson's addition to the town of El Paso, in the county
of Woodford and state of Illinois, also the northeast quarter
and the southeast quarter of section number 9, in township
34, range 2, Sumner county, Kansas, also the northwest
quarter of section 22, in township number 28, range number 2,
in Sedgwick county, Kansas, to Mary H. Thompkins, in
consideration of fourteen hundred dollars, and a release of
her dower and homestead rights in all other lands belonging
to said estate, and the court having heard the proofs and
examined the facts in the matter, and finding that in the
present involved and incumbered condition of said property it
will be for the best interest of the creditors of said estate
to accept said offer, it is ordered, adjudged, and decreed
that the said David A. Espey, assignee, be and is hereby
authorized and directed, upon the receipt from
the said Mary H. Thompkins of fourteen hundred dollars and a
deed of quitclaim of all her interest in all the other lands
belonging to said estate to him, the said assignee, to
execute, acknowledge and deliver to said Mary H. Thompkins a
good and sufficient assignee's deed of the aforesaid
lands and premises, and thereof make report to this court. W.
S. GIBSON, County Judge.'
"18...
