Joseph P. Bradley

“ As it is a question of doubt whether section 5063 refers to a case in which only the interest of the bankrupt is ordered to be sold without attempting to affect the title or interest of other persons, and as there was another ground on which the court of trial might unquestionably have instructed the jury to find a verdict for the defendants, and which also involved a question of the plaintiff's right of action under the bankrupt law, we have deemed it unnecessary to consider the validity of the point on which the case was actually decided. ”

“ It is declared by section 5057 of the Revised Statutes that 'no suit at law or in equity shall be maintainable in any court between an assignee in bankruptcy and a person claiming an adverse interest, touching any property or rights of property transferable to or vested in such an assignee, unless brought within two years from the time when the cause of action accrued for or against such assignee.' This act, as well as the statute of limitations of Michigan, was pleaded by the defendants in bar of the action. ”

“ From examination of the records it appears that the lands have been sold for taxes to private parties for a number of years, beginning in 1867; that the right acquired by virtue of the sale of said lands for delinquent taxes is held by one party; in addition to such title has been obtained a deed from the bankrupt of said lands; that another party has, by virtue of a sale on execution, based upon a judgment obtained against said bankrupt before he was adjudicated a bankrupt, acquired a title to said lands ”