Fletcher v. Kennedy
Court of Appeals for the Eighth Circuit
Petition to Revise Order of the District Court of the United States for the District of Minnesota; Wilbur F. Booth, Judge. Petition in bankruptcy by Clark R. Fletcher, trustee in bankruptcy of James J. Kennedy, bankrupt, against James J. Kennedy, bankrupt, to revise an order of the District Court setting aside certain property of the bankrupt as an exempted homestead.
1Opinion of the Court
STONE, Circuit Judge.
[1, 2] This is a petition to revise an order setting aside certain property of a bankrupt as an exempted home*623stead. There is no question that the property possesses all of the qualifications, under the Minnesota statutes, of a homestead, nor that it was selected by the bankrupt with the intention of exempting and using it as such. The petition is based upon the theory of an estoppel to claim this particular property as a homestead because the bankrupt had theretofore (before bankruptcy) designated other property as his homestead in financial statements, and had procured…
2Cases cited11 opinions
- First Nat. Bank v. GlassCourt of Appeals for the Eighth Circuit · 1897
- Jacoby v. Parkland Distilling Co.Supreme Court of Minnesota · 1889
- Crawford v. SternbergCourt of Appeals for the Eighth Circuit · 1915
- Kangas v. RobieCourt of Appeals for the Eighth Circuit · 1920
- Law v. ButlerSupreme Court of Minnesota · 1890
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3Cited by3 opinions
- Forsberg v. Security State Bank of CanovaCourt of Appeals for the Eighth Circuit · 1926
- Vought v. KanneCourt of Appeals for the Eighth Circuit · 1926
- Vought v. KanneCourt of Appeals for the Eighth Circuit · 1926