Brouwer

The petition in the proceeding alleges that petitioners are husband and wife, that R. L. Butcher, incorrectly named as a respondent, was plaintiff in respondent court in an action in which petitioners were defendants, that Sally Williams, also incorrectly named as a respondent, was the assignee from Butcher of a judgment rendered in the action, that E. W. Biscailuz, also improperly named as a respondent, is sheriff, as stated in the title of the proceeding, that Butcher, under three counts on contract, commenced an action against petitioner in respondent court, that on a certain date petitioners filed a petition in bankruptcy in the United States court and were at once, according to law, adjudicated bankrupts, that Butcher filed claims against petitioners in the bankruptcy matter upon the choses in action involved in the action in which he was plaintiff, they being claims provable against the bankrupts under the law, and received pro rata payments thereon arising from a disposition of property of the bankrupts through the bankruptcy proceeding, that thereafter, unbeknown to petitioners, Butcher procured judgment by default against them in the action, that thereafter petitioners…