In re Cross
U.S. Circuit Court for the District of Nebraska
This is a petition under the second section of the bankrupt act, to review an order of the district court refusing to subject to sale lots 1 and 2 in block 12, in Tecumseh, claimed by the bankrupt as a homestead. The adversary parties in this proceeding are the bankrupt and his wife on the one hand, and Dutcher & Co. mortgage creditors of the bankrupt, holding a mortgage on the homestead property.
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This is a petition under the second section of the bankrupt act, to review an order of the district court refusing to subject to sale lots 1 and 2 in block 12, in Tecumseh, claimed by the bankrupt as a homestead. The adversary parties in this proceeding are the bankrupt and his wife on the one hand, and Dutcher & Co. mortgage creditors of the bankrupt, holding a mortgage on the homestead property. The facts are briefly these: Prior to June, 1870, the bankrupt became indebted to Dutch-er & Co., and in June, 1870, he erected a house on the two town lots herein claimed as a homestead, and…
1Opinion of the Court
DILLON, Circuit Judge.
There is substantially but one question in this case, and that is whether the mortgage executed by the husband and wife upon the homestead is valid and created a lien thereon in favor of the mortgagees. In the chapter of the state statutes relating to “Executions against the property of the judgment debtor,” occur certain provisions as to “Homestead and other Exemptions.” Section 525 is as follows: “A homestead, etc., owned and occupied by any resident of -the state, being the head of a family, shall not be subject to attachment, levy, or sale upon execution, or any…
2Cases cited4 opinions
- Kitchell v. BurgwinIllinois Supreme Court · 1858
- Vanzant v. VanzantIllinois Supreme Court · 1860
- Babcock v. HoeySupreme Court of Iowa · 1860
- Ely v. EastwoodIllinois Supreme Court · 1861
3Cited by4 opinions
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Moran v. ClarkWest Virginia Supreme Court · 1887
- Perley v. WoodburySupreme Court of New Hampshire · 1911
- Connecticut Mut. Life Ins. v. JonesU.S. Circuit Court for the District of Eastern Missouri · 1880