Legal Opinion

Stratton v. Ermis

Court of Appeals for the Fifth Circuit

Decided November 10, 1920No. 3479PublishedCited by 3 opinions

Petition to Superintend and Revise an order of the District Court of ■ the United States for the Western District of Texas; Duval West, Judge. In the matter of J. P. Ermis, bankrupt. Petition by S. E. Stratton, trustee, to revise order of District Court.

1Opinion of the Court

WALKER, Circuit Judge.

The petitioner challenges the correctness of the court’s ruling that the practically matured, but ungathered, cotton crop, which was on land embraced in the bankrupt’s exempt homestead at the time his voluntary petition was filed on August 27, 1919, was included as part of such exemption.

[1] By express exception exempt property of a bankrupt is excluded from -the operation of the provision giving to the appointment and qualification of a trustee of the estate of the bankrupt the effect of vesting such trustee with the title of the bankrupt to property. Bankruptcy Act, §…

2Cases cited5 opinions

  1. Eaton v. Boston Safe Deposit & Trust Co.Supreme Court of the United States · 1916
  2. Smalley v. LaugenourSupreme Court of the United States · 1905
  3. Coates v. CaldwellTexas Supreme Court · 1888
  4. Alexander v. HoltTexas Supreme Court · 1883
  5. Pate v. VardemanCourt of Appeals of Texas · 1911

3Cited by3 opinions

  1. Nazar v. Thexton (In Re Thexton)United States Bankruptcy Court, D. Kansas · 1984
  2. In re SimpsonDistrict Court, N.D. Texas · 1924
  3. Hill v. BinfordCourt of Appeals of Texas · 1936

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