Sampsell v. Straub Et Ux

HASTIE, Circuit' Judge.

In the voluntary bankruptcy proceeding of a husband and wife and on their petition, the district court ordered that the California residence of the bankrupts be set aside from the bankrupt estate as homestead and exempt property. The trustee in bankruptcy has appealed from-that order because the declaration of homestead, although- duly executed and acknowledged by the spouses before they filed their petition in bankruptcy, was not recorded as required to become effective under California law 1 until after bankruptcy adjudication.

Disposition of the issue thus raised must…