In re Forbes
Court of Appeals for the Ninth Circuit
In the matter of bankruptcy proceedings of S. J. Forbes. One Julie H. Pitt demanded that the proceeds of a 'sale of property on which she had levied an attachment, but which was claimed by the bankrupt as a homestead, be set apart to her. Referee’s order denying the application and distributing the money among the creditors pro rata having been set aside and the money awarded to petitioner, the bankrupt files a petition for revision. Petition granted. Determination revefsed.
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In the matter of bankruptcy proceedings of S. J. Forbes. One Julie H. Pitt demanded that the proceeds of a 'sale of property on which she had levied an attachment, but which was claimed by the bankrupt as a homestead, be set apart to her. Referee’s order denying the application and distributing the money among the creditors pro rata having been set aside and the money awarded to petitioner, the bankrupt files a petition for revision. Petition granted. Determination revefsed. S. J. Forbes on July 1, 1904, executed and delivered his promissory note to Julie H. Pitt, for the sum of $2,000. On…
1Opinion of the Court
MORROW, Circuit-Judge
(after stating the facts as above). The bankrupt claims an exemption right in lot No. 43 in the sum of $2,500.
-The provisions of the bankruptcy act (Act July 1, 1898, 30 Stat. 546 [U. S. Comp. St. 1901, p. 3421]) applicable to this case are: Clause-11 of section 2, vesting courts of bankruptcy with jurisdiction “.to.determine all claims of bankrupts to their exemption.” Section 47, cl. 11, -makes it the duty of trustees to “set apart the bankrupt’s exemption's1 and report the items and estimated value thereof to the court as spon as practicable after their appointment.”…
2Cases cited1 opinion
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
3Cited by10 opinions
- Wuicich v. Solomon-Wickersham Co.Arizona Supreme Court · 1916
- Booth v. BatesSupreme Court of Alabama · 1927
- Fletcher v. First Nat. Bank of OpelikaSupreme Court of Alabama · 1943
- Roberts v. SeanorCourt of Appeals of Georgia · 1932
- Peoples National Bank v. MaxsonSupreme Court of Iowa · 1915
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