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· 9/15/1877

Heath v. Hyde

Citations

  • 87 Ill. 91

Syllabus

<p>1. Bankruptcy—placita not necessary to decree. A decree of the United States District Court, under the Bankrupt act of 1841, declaring a person a bankrupt and appointing an assignee, is not void for want of a placita or convening order of the court, and it is error to exclude the same as evidence for the want of such order, formal entries being dispensed with by that act.</p> <p>2. Same—assignee’s deed. It is not required that a complete transcript of the record and files shall be given in evidence to support the deed of an assignee in bankruptcy. A certified copy of the order decreeing bankruptcy and appointing the assignee is sufficient, under the act of Congress. All such deeds, reciting the decree in bankruptcy and the assignees’ appointment, supported by a certified copy of such decree, are made full and complete evidence both of the bankruptcy and the assignment, and supersede the necessity of any other proof to validate such deeds.</p>

Judges: Scholfield

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