In re Auge
District Court, D. Montana
In Bankruptcy. In the matter of Eugene T. Auge, bankrupt. Proceeding by bankrupt to review an order of the referee confirming the action of the trustee in setting aside a part only of the property claimed as exempt.
1Opinion of the Court
BOURQUIN, District Judge.
[1] Herein the record is ambiguous, but will serve; all ambiguities being necessarily resolved against the bankrupt, on whom is the burden to make his right and the referee’s error appear. It seems that the bankrupt, in enjoyment of an “enlarged homestead” of 320 acres of public land, made final proof December 24, 1915, and patent issued March 10, 1916. His petition in bankruptcy was filed herein May 24, 1916, amongst other debts scheduling some of “1915.” The state law provides for a homestead exemption of 160 acres, and April 13f 1916, the bankrupt pursuant to said…
2Cases cited4 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Smalley v. LaugenourSupreme Court of the United States · 1905
- In re CohnDistrict Court, D. North Dakota · 1909
- In re LehfeldtDistrict Court, D. Montana · 1915
3Cited by4 opinions
- First State Bank v. Bottineau County BankMontana Supreme Court · 1919
- Kibbe v. ScholesSupreme Court of Alabama · 1929
- Citizens' Nat. Bank v. RuleyNew Mexico Supreme Court · 1924
- Huerfano Trading Co. v. RankinSupreme Court of Colorado · 1924