Writ op Error to the Appellate Court for the First District; — heard in that court on appeal from the County Court of Cook county; the Hon. C. H. Bishop, Judge, presiding.

This is a petition, filed by the plaintiffs in error on February 5, 1895, in a voluntary assignment proceeding in the county court of Cook county. The deed of assignment, dated October 18, 1894, was executed by the Northwestern' Trimming Company, a corporation, of which C. G. Boldenweck was president and August E. Neff was secretary, to the Chicago Title and Trust Company, as assignee. On December 10,1894, in the December term of the court, and in pursuance of an order entered on that day, the assignee sold and delivered all the property and assets of the insolvent to Justice Killian for the sum of $10,000.00, $4000.00 for the bills and accounts, and $6000.00 for the other assets.

The petition of the plaintiffs in error, which was filed in the January term of the county court, charged that the alleged sale was in fact no sale, but was simply the consummation of a fraudulent scheme or arrangement between Killian, the alleged purchaser, the Chicago Title and Trust Company, the assignee, and Boldenweck, the president of the insolvent company, and Dahms, Lang-worthy and Poppenhausen, the attorneys of the assignee, whereby the assets of the insolvent were to be transferred from the assignee through Killian back to the possession of Boldenweck, who was the principal stockholder and manager, and practically owner of the insolvent corporation.

The petitioners, being the plaintiffs in error here, represent in their petition, that the Northwestern Trimming Company is indebted to them in the sum of $164.91; that no part of the same has been paid; that a duly verified claim against said insolvent was duly filed by the petitioners with the said assignee on January 9, 1895; that said insolvent is further indebted to the petitioners in the sum of $500.00, being the rent of the premises known as the fourth and fifth floors of the buildings 234 to 238 Madison street, Chicago, from January 4, 1895, to February 1, 1895; and that the petitioners have no security for said claim.

The prayer of the petition was, that said sale of the assets of the property to Killian should be vacated, and set aside as null and void, and that Killian should be directed to return back to the assignee all the said goods, property and assets, to await the further action of the court. The assignee and its attorneys filed answers, denying the charges in the petition, but admitting that the claim of the petitioners was filed, and had not been paid, because there had been no distribution of the assets of the insolvent.

Killian, Boldenweck and Neff appeared by counsel, and filed a general demurrer to the petition, and, also, a special demurrer, stating, as the special cause of the demurrer, that the court was without jurisdiction to grant the prayer of the petition, because the term, at which the sale was made, had passed.

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