In re Durham
District Court, E.D. Arkansas
In Bankruptcy. On creditor’s petition for an order allowing him to subject property claimed by the bankrupt as exempt to the payment of a debt against which such property is not exempt under the state statute.
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In Bankruptcy. On creditor’s petition for an order allowing him to subject property claimed by the bankrupt as exempt to the payment of a debt against which such property is not exempt under the state statute. This is a petition filed by H. Fellheimer, a creditor of the bankrupt, setting up that on March 20, 1900, the petitioner filed a suit in the circuit court of Garland county, Ark., against the bankrupt, to recover $125, due him from the bankrupt for furniture sold, and at the same time also filed, under the statutes of Arkansas, which will be hereinafter set out, his affidavit to secure…
1Opinion of the Court
TIÍTEBEK, District Judge
(after stating the facts). While the exemption laws of the state of Arkansas are very liberal to debtors, they specially provide that there shall be no exemption of any property from seizure on attachment or sale under execution or other process issued from any court for the recovery of money due for the purchase of the property as long as it is in the possession of the vendee. If this property had been seized under execution, attachment, or other process of any court, the debtor could not have included it in his schedule as against a judgment for the purchase money,…
2Cases cited6 opinions
- In re FriedrichCourt of Appeals for the Seventh Circuit · 1900
- In re WaxelbaumDistrict Court, N.D. Georgia · 1900
- Bridgeford & Co. v. AdamsSupreme Court of Arkansas · 1885
- In re LewensohnDistrict Court, S.D. New York · 1900
- In re BeauchampDistrict Court, D. Maryland · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re VonheeDistrict Court, W.D. Washington · 1916
- H. E. Westerman Lumber Co. v. RaschkeSupreme Court of Minnesota · 1927
- Jewett Bros. v. HuffmanNorth Dakota Supreme Court · 1905
- Burcell v. GoldsteinNorth Dakota Supreme Court · 1912
- Northern Shoe Co. v. CeckaNorth Dakota Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.