McHenryv. McVeigh

Irving, J., delivered the opinion of the Court. The appeal in this case is from an order of the Circuit Court for Allegany County, setting aside a sale made hy the appellant, as trustee in insolvency of William McVeigh. The opinion of the Court clearly indicates what was decided, and all that was decided, and the grounds on which the Court’s ruling was based, and we think it is a sufficient compliance with sec. 13, of Art. 5, of the Code, requiring the Court, in insolvent cases, where there is an appeal, to certify the points decided. Any further statement hy the Court, after appeal taken, would have been superfluous, the points having been sufficiently stated in the Judge’s opinion.

The motion to dismiss, therefore, must he overruled. By the record, it appears ’that William McVeigh, the appellee, filed his petition, in insolvency, on the 16th of February, 1880, accompanied with a schedule of property, and creditors, and a statement that no debts were due him. On same day, appellant was appointed trustee, and petitioner conveyed to him. The trustee gave bond and security, which was approved, and a day was fixed for the creditors to appear ; and an order for notice was passed.

On the 18th day of February, 1880, an order was passed, directing the trustee to sell all the property of the peti ⁵⁸¹ tioner, and fixing the terms of the sale and the notice thereof. The trustee advertised the sale, and sold, and on the 28th day of June, 1880, reported the sale to the Court as having been made on the 26th of that month, and "the same was ratified nisi. The order nisi was duly published ; hut the purchaser and the insolvent petitioner having both filed objections to the ratification of the sale, the sale was set aside, and from that order the trustee, has appealed. The purchaser at the sale, was Win.

Eerrens, (a creditor of the insolvent petitioner,) and, on the 28th of July, 1880, he filed his petition, setting forth, that he believes, that at the time of applying for the benefit of the insolvent laws, William McVeigh, “ was desirous of paying his debts,” and that since making the application, he has paid him one hundred and fifty dollars; leaving only a balance of fifteen dollars due him, wherefore, he prays the Court “to refuse to ratify the sale as reported, to the end that William McVeigh, may save to himself his property, together with the costs of the sale, and have further opportunity to settle with his creditors, most of whom have already consented to his withdrawing his application.” No other ground of setting aside the sale is alleged by this caveator. The insolvent petitioner by his petition, filed the 18th of August, objects to the ratification, on the ground that he was misguided, and misapprehended the nature of the Insolvent Act, when he made his application — that before the sale, he filed a petition, asking the sale to he postponed, to enable him to arrange with his creditors; that all his creditors have consented to his withdrawing his petition; that he understood through his attorney, that the trustee had stated to Judge Peakre, that no sale would take place on the day appointed, to give the petitioner an opportunity to arrange with his creditors ; that the property did not bring one-half of its value. ⁵⁸² The trustee denied the alleged grounds of objection,, and a commission issued to take testimony. The insolvent petitioner testified that his understanding of the insolvent laws was, “ that it only acted as a stay, and if a man took the benefit, as soon as he got the money, or could get it, he was sworn to pay.” That he never read his application, and it was not read to him. He also testified that he did not know what the property would sell for in market, “but for his selling it, he would not take as much more for it.” He was present