Brandt v. Mathew
Court of Appeals for the Ninth Circuit
Petition for Revision of ’Order of the District Court of the United States for the Eirst Division of the Northern District of California. In Bankruptcy. In the matter of bankruptcy proceedings of P. S. Mayhew. On petition to review an order allowing homestead exemption to the bankrupt and his wife, to which Arthur H. Brandt, the bankrupt’s trustee, filed objections. On April 18, 1912, If.
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Petition for Revision of ’Order of the District Court of the United States for the Eirst Division of the Northern District of California. In Bankruptcy. In the matter of bankruptcy proceedings of P. S. Mayhew. On petition to review an order allowing homestead exemption to the bankrupt and his wife, to which Arthur H. Brandt, the bankrupt’s trustee, filed objections. On April 18, 1912, If. S. Mayhew and Ms wife made a general assignment to one Wayman, for the benefit of all of Mayhew’s creditors. A part of the real property conveyed was that upon which the assignors had been living. On August…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The petition presents these questions: (1) Is a bankrupt in the state of California entitled to claim a real estate homestead exemption, where neither he nor any one in his behalf has made and recorded a declara*424tion of homestead prior to his adjudication of bankruptcy? -(2) Assuming that otherwise he would be entitled to claim the homestead, is he precluded by reason of his voluntary conveyance oij the property for the benefit of creditors prior to the petition and adjudication in bankruptcy; the property being subsequently transferred to the trustee?
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2Cases cited21 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Bryan v. BernheimerSupreme Court of the United States · 1901
- In re Williamsburg Knitting MillDistrict Court, E.D. Virginia · 1911
- Goodman v. GoodmanCourt of Appeals for the Fifth Circuit · 1909
- In re FalconerCourt of Appeals for the Eighth Circuit · 1901
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- White v. StumpSupreme Court of the United States · 1924
- In re LehfeldtDistrict Court, D. Montana · 1915
- Johnson v. PayneCourt of Appeals for the Eighth Circuit · 1928
- White v. StumpCourt of Appeals for the Ninth Circuit · 1922
- Butler v. ClelandSupreme Court of Iowa · 1925
4 more not listed; retrieve them via the Exa API.