Brooks v. Eblen
Court of Appeals of Kentucky
CASE 68. — ACTION BY A. BROOKS AGAINST RUFUS EBLEN TO SUBJECT LAND TO HIS DEBT WHICH HAD BEEN SET APART TO THE DEFENDANT AS HIS HOMESTEAD BY THE BANKRUPT COURT. Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. Urom tiie judgment defendant appeals PROPOSITIONS DISCUSSED. 1. Under the Ky; Stats., land purchased subsequently to the creation of a debt isi not exempt.as to that debt, as a homestead. (Ky.
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CASE 68. — ACTION BY A. BROOKS AGAINST RUFUS EBLEN TO SUBJECT LAND TO HIS DEBT WHICH HAD BEEN SET APART TO THE DEFENDANT AS HIS HOMESTEAD BY THE BANKRUPT COURT. Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. Urom tiie judgment defendant appeals PROPOSITIONS DISCUSSED. 1. Under the Ky; Stats., land purchased subsequently to the creation of a debt isi not exempt.as to that debt, as a homestead. (Ky. Stats., section 1702.) 2. Under the bankrupt law, ’now in force, title to exempted property does not pass to tbe trustee in bankruptcy. (Section 6, Bankrupt Act, 1898; In re…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Affirming.
On February 6, 1896, Rufus Eblen executed to A. Brooks bis promissory note. On October 20, 1902, Eblen purchased a tract of land upon which he resided with his family. On September 6, 1904, he was adjudged a bankrupt, and on November 12, .1904, he received a discharge in bankruptcy from all his debts. The tract of land referred to was set apart in the bankruptcy proceding as his homestead. On November 14, 1905, Brooks filed this suit in the Henderson circuit court against Eblen, in which he set up the foregoing facts and sought to subject the tract…
2Cases cited5 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Bell v. Dawson Grocery Co.Supreme Court of Georgia · 1904
- McKenney v. CheneySupreme Court of Georgia · 1903
- Powers Dry Goods Co. v. NelsonNorth Dakota Supreme Court · 1901
- Flint v. ChaloupkaNebraska Supreme Court · 1907
3Cited by8 opinions
- Bogart v. Cowboy State Bank & Trust Co.Court of Appeals of Texas · 1915
- People ex rel. Pearsall v. SperryIllinois Supreme Court · 1924
- Johnson v. Prosper State BankCourt of Appeals of Texas · 1939
- Byrne & Speed Coal Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1920
- Commonwealth Ex Rel. Vincent, Atty. Gen. v. WithersCourt of Appeals of Kentucky (pre-1976) · 1936
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