Legal Opinion

In re Estate of Klemp

California Supreme Court

Decided November 9, 1897No. Sac. No. 90PublishedCited by 8 opinions

APPEAL from an order of the Superior Court of Sutter County refusing to set aside property to an insolvent debtor. E. A. Davis, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFARLAND, J.

This is an appeal by an insolvent debtor from an order of the superior court denying his petition to have set apart to his use “one Holt Bros/ Combined Harvester.” The court adjudicated that said harvester, and certain other personal property not involved here, “are not utensils or implements of , husbandry”; and in so holding we think the court erred.

The court found that at the date of the adjudication in insolvency, and for a long time prior thereto, the appellant had been engaged in the business of farming and grain raising, and during all that time had used and employed said harvester in…

2Cases cited2 opinions

  1. In re Estate of McManusCalifornia Supreme Court · 1890
  2. In re the Estate of BaldwinCalifornia Supreme Court · 1886

3Cited by8 opinions

  1. Cook v. MasseyIdaho Supreme Court · 1923
  2. Richardson Co. v. United StatesCourt of Customs and Patent Appeals · 1917
  3. Security-First National Bank v. PiersonCalifornia Supreme Court · 1934
  4. Spence v. SmithCalifornia Supreme Court · 1898
  5. Murphy v. Continental InsuranceSupreme Court of Iowa · 1916

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