Groves v. Osburn
Oregon Supreme Court
From Benton: James W. Hamilton, Judge. Statement by Mr. Chief Justice Wolverton. This is a suit by Emma K. Groves, as executrix of the estate of William Groves, deceased, against John M. Osburn.
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From Benton: James W. Hamilton, Judge. Statement by Mr. Chief Justice Wolverton. This is a suit by Emma K. Groves, as executrix of the estate of William Groves, deceased, against John M. Osburn. The defendant was adjudged a bankrupt November 23, 1900, and was discharged of his debts by order of the federal court May 29, 1901. 'His homestead, consisting of lots 1, 2, 8, and 12 in block 3 in the County Addition to the City of Corvallis, was set apart to him in the course of the bankruptcy proceedings, and the estate was fully settled and the trustee discharged in 1902. The purpose of the…
1Opinion of the CourtChief Justice Wolverton
delivered the opinion. .
The sole question involved is whether a court of equity has jurisdiction of the cause, since the bankrupt has been discharged of the debts upon which the suit is founded. The homestead exemption act within this State was adopted in 1893, and the exemption is against all liabilities thereafter contracted, or the enforcement of any judgment obtained upon such liabilities: B. & C. Comp. § 221. The indebtedness upon which this suit is premised is therefore unaffected by the act, and but for the proceedings in bankruptcy the plaintiff would have a clear right of action, not…
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