First Nat. Bank v. Glass
Court of Appeals for the Eighth Circuit
Appeal from tbe Circuit Court of tbe United States for tbe District of Kansas. This appeal challenges a decree which sustained a demurrer to a bill brought by a judgment debtor to subject a homestead, which the debtor bad bought and caused to he conveyed to his wife, to the payment of the judgment.
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Appeal from tbe Circuit Court of tbe United States for tbe District of Kansas. This appeal challenges a decree which sustained a demurrer to a bill brought by a judgment debtor to subject a homestead, which the debtor bad bought and caused to he conveyed to his wife, to the payment of the judgment. The bill disclosed these facts: The statutes of Nebraska exempt from judicial sale a homestead not exceeding in value $2,000, consisting of a dwelling house in which the claimant resides and the land on which the house is situated, not exceeding 160 acres in extent. Consol. St. Neb. 1891, c. 19, p.…
1Opinion of the CourtSanborn, Circuit Judge
An insolvent debtor may use with impunity any of his property that is free from the liens and the vested equitable interests of Ms creditors to purchase a homestead for Mmself and Ms family in Ms own name. If he takes property that is not exempt: from judicial sale and applies it to this purpose, he merely avails himself of a plain provision of the constitution or the statute enacted for the benefit of Mmself and his family. He takes nothing from Ms creditors by this action in which They have any vested right. The constitution or statute exempting the homestead from the judgments of creditors…
2Cases cited22 opinions
- Peters v. BainSupreme Court of the United States · 1890
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Brashear v. WestSupreme Court of the United States · 1833
- Detroit v. OsborneSupreme Court of the United States · 1890
- White v. CotzhausenSupreme Court of the United States · 1889
17 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Forsberg v. Security State Bank of CanovaCourt of Appeals for the Eighth Circuit · 1926
- Panuska v. Johnson (In Re Johnson)United States Bankruptcy Court, D. Minnesota · 1987
- Steere v. Stockyards National BankTexas Supreme Court · 1923
- Everwed Co. v. Ayers (In Re Ayers)United States Bankruptcy Court, M.D. Tennessee · 1982
- Federal Land Bank of Omaha v. Ellingson (In Re Ellingson)United States Bankruptcy Court, N.D. Iowa · 1986
35 more not listed; retrieve them via the Exa API.