Volume 59 — Sickels

<p>In an action to compel the specific performance, on the part of the vendee, of a contract for the sale of lands, plaintiff claimed title under a deed from an assignee in bankruptcy. It appeared that in 1843 the then owner of the land was adjudged a bankrupt, and the official general assignee in bankruptcy became vested with the title; no debts were proved against the estate of the bankrupt before his discharge and but one small one thereafter. In 1844 the assignee advertised and sold the land at auction and it was bid off by one R. for $3. In 1866,' T. claiming to have purchased the bid of R. from his administratrix, applied for and obtained a deed from the assignee which was recorded in 1869. Ho possession accompanied the title under the assignee’s sale. Held, that the title was defective and defendant could not be compelled to complete the purchase; that if there was a binding contract for the sale of the land by the assignee to R., the administratrix of the latter had no interest in the land, as the interest of her intestate was real estate and went to his heirs; and that, therefore, she conveyed no right or interest by her assignment, and the assignee in bankruptcy had no authority to convey to T.</p> <p>As to whether under the late bankrupt act a sale by an assignee in bank ruplcy of the real estate of a bankrupt, made without an order of the bankruptcy court directing it, is void or not, quasre.</p> <p>The case of Smith v. Long (12 Abb [N, C.] 113), holding such a sale to be void, explained and the question stated to be still an open one.</p>