Samuel Blatchford

“ The legal presumption is that the appellants could, by the use of the money, have procured like property, and made out of it the profits decreed against them.
The rights in question which the appellants acquired by the judicial sale are to be protected so long as the order of sale was in force. Moreover, during the entire period, after the order was reversed as well as before, the court and the assignee retained the money of the appellants. The title of the appellants to the property, and their right to keep it was purchasers, were, undoubtedly, subject to the result of the litigation had. ”

“ On the contrary, it gave to all parties, the appellants or the appellees or the assignee, the right to institute legal proceedings in any competent court to determine the rights or equities of the parties growing out of the possession of the property by the appellants, and out of their having paid moneys for claims, expenses, improvements, and repairs thereon, and out of the profits, as to all of which matters it stated a question was raised. ”

“ But a rescission of the sale and the destruction of their title involved, as a necessary element, the return to them of their money, so far certainly as any claim for rent or profits was concerned.
We do not think it necessary to refer to the voluminous testimony adduced on the question of bad faith and fraud. We see no sufficient evidence to impeach the good faith of the appellants, nor do we understand, from the opinion of the circuit court on the review in bankruptcy, that the court questioned their good faith or fair dealing, whatever views it expressed as to the conduct of the assignee. ”