Woolfolk v. Murray
District Court, D. Georgia
The following are the material facts in these two cases: No. 1: Mrs. [Gertrude J.] Woolfolk applied for an exemption of her husband’s land as a homestead for herself and children, and the cause came before the superior court by appeal. [Joseph E.] Murray, as trustee for her husband’s creditors, and certain of the creditors below, and on the appeal, objected to the setting apart of the homestead, upon the following grounds: First.
Read the full summary
The following are the material facts in these two cases: No. 1: Mrs. [Gertrude J.] Woolfolk applied for an exemption of her husband’s land as a homestead for herself and children, and the cause came before the superior court by appeal. [Joseph E.] Murray, as trustee for her husband’s creditors, and certain of the creditors below, and on the appeal, objected to the setting apart of the homestead, upon the following grounds: First. Prior to her application, the husband was adjudged a bankrupt in the district court of the United States, and all his property, including this sought to be set apart…
1Opinion of the Court
McCAY, District Judge.
Very clearly, the rights of the bankrupt to an exemption, or rather the quantity of his property that he is permitted to hold exempt from the claims of the assignee, is to be determined by the bankrupt law and the bankrupt court. The jurisdiction of the United States over the subject of bankruptcy, is plenary. Const. U. *602S. art. 1, § S, par. 4. The only doubt there can be, on the facts of this record, is whether our law does not give the wife and family such a specific interest in and lien upon the property of the bankrupt—not for his but for their sake—as is saved by the…
2Cases cited1 opinion
- Lumpkin v. EasonSupreme Court of Georgia · 1871