In re Poleman
District Court, N.D. Illinois
In bankruptcy. This was an exception by William C. Poleman to the decision of the register sustaining the objections to the setting aside by the assignee of the bankrupt’s homestead.
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In bankruptcy. This was an exception by William C. Poleman to the decision of the register sustaining the objections to the setting aside by the assignee of the bankrupt’s homestead. At the time of the filing of the petition in bankruptcy, Poleman was the owner of certain real estate in Chicago, occupied by him as a homestead, on which he had given a trust deed to Baird & Bradley, to secure the sum of 83,500, and also a mortgage to D. Boynton to secure tne sum of $2,-250, in both of which the bankrupt and his wife had waived their homestead rights under the statute of the state of Illinois.…
1Opinion of the Court
BLODGETT, District Judge.
I have examined the questions presented by the objections to the setting aside by the assignee of the bankrupt’s homestead, and am satisfied that they can not be sustained, although the bankrupt and his wife waived their homestead rights in the mortgages to Baird & Bradley and Mr. Boynton; yet those waivers can only be taken advantage of by persons claiming under or through those incumbran-ces. A waiver by the bankrupt of his homestead rights in favor of a particular credit- or, does not confer upon his general creditors any special rights, nor operate in their favor;…
2Cited by4 opinions
- In re WellsDistrict Court, W.D. Arkansas · 1900
- In re FalconerCourt of Appeals for the Eighth Circuit · 1901
- In re OsbornDistrict Court, W.D. New York · 1900
- In re FalconerCourt of Appeals for the Eighth Circuit · 1901