In re David

DAWKINS, District Judge.

This matter comes up on application to review the ruling of the referee as to the bankrupt’s claim of a homestead in certain real property. The Federal Land Bank has a first mortgage upon the land for $2,000, with waiver of the homestead. The bankrupt has intervened, claiming his homestead in the excess which the property (consisting of 104 acres) may bring at the sale, and the trustee has opposed its allowance upon the ground that, having waived the right in favor of the bank, David cannot now be allowed to assert a second homestead in these funds. The referee…