A m nn saves. 21
not to be encouraged. Alloan was made, security taken, default oc-
curred in the payment, and foreclosure was had. All was done in good
faith, with no circumstances of fraud, concealment, or oppression. The
proceedings were apparently regular. A judicial sale was made and con-
Hrmed. Years after, when values have changed, a speculator comes
prying into the records to see if some·technical defect cannot be found
in the judicial proceedings, and a title, obtained in good faith, and m
relianceupon those proceedings, be destroyed. A distinguished lawyer
arguing before me, some years ago, a somewhat similar case, character-
ized the effort, with more of vigor than compliment, as land piracy.
Public policy requires that judicial proceedings be upheld, and that titles
obtained in those proceedings be safe from the ruthless hand of collateral
attack. If technical defects are adjudged potent to destroy such titles,
a judicial sale will never realize the value of the property, for no prudent
man will risk his money in bidding for and buying that title which he »
has reason to fear may years thereafter be swept away through some
· occult and not readily discoverable defect. `
Let the defendant have a decree dismissing the bill.
In re Eavns, U. S. Com’r.
(Uwircuit Oourt, W D. North Carolina. January Term, 1887.)
1. CoU1z·rs—UNr·r1:n Sums COMMISSIONER—REMOVAL.
A United States commissioner may be removed by the circuit court which
appointed him, although he is not strictly an omcer of that court, but exer-
cises independent judicial functions, which are conferred upon him by law.
2. SAmn—Pnocnnunm—RuLn ·ro Snow Osnsn.
No special mode of procedure having been prescribed by statute, an appli-
cation to have a commissioner removed may be heard upon a rule to show
cause, founded upon aflldavits of citizens ma ing charges of misconduct, and
granted upon the motion of the United States district attorney. giving the
commissioner notice, and an opportunity to present affidavits and other
documentary evidence. ‘
*8. SAmn—Exmno1sn or Powan or RmrovAn—-Pnmsmmrrron or- Innocence.
The power of removal should not be exercised capricionsly or arbitrarily,
but the court should proceed with great caution, and every presumption of
innocence allowed in a criminal case should be indulged in favor of the com-
missioner.
4. SAun—EvrnnNcu—CnAnons Nor Susrarnnn.
Upon the evidence in the case, held, that the charges of drunkenness, vio
lent partisanship, improperly discharging prisoners. unnecessarily extending
trials over successive days, and of fraudulently allowing excessive witness
fees, were not sustained by the evidence.
Rule to show cause why the respondent shall not be removed from the
oflice of commissioner of the circuit court.
John Gray Bynum, for the rule. A. M. Erwin and J. FZ Morphew, for
respondent.