Legal Opinion

In re Stout

District Court, W.D. Missouri

Decided September 17, 1900PublishedCited by 19 opinions

In Bankruptcy. On exceptions to decision of referee.

1Opinion of the Court

PHILIPS, District Judge.

The sole question in this case is whether or not certain real estate of the bankrupt is exempt as a homestead from the claim of the creditor, Jabez H. Potter. The referee, John Montgomery,. Jf., has found this issue in favor of the claimant. To this action of the referee the bankrupt has filed exceptions, which have been referred to the court for determination.

It is the recognized rule of the federal courts — and especially in matters of bankruptcy — that on review of the decision of a referee, based upon his conclusions on questions of fact, the court will not reverse…

2Cases cited3 opinions

  1. Burt v. C. Gotzian & Co.Court of Appeals for the Eighth Circuit · 1900
  2. In re WaxelbaumDistrict Court, N.D. Georgia · 1900
  3. Berry v. EwingSupreme Court of Missouri · 1886

3Cited by19 opinions

  1. Ohio Valley Bank Co. v. MackCourt of Appeals for the Sixth Circuit · 1906
  2. Epstein v. SteinfeldCourt of Appeals for the Third Circuit · 1914
  3. Hudson v. WylieCourt of Appeals for the Ninth Circuit · 1957
  4. Kowalsky v. American Employers Ins. Co.Court of Appeals for the Sixth Circuit · 1937
  5. United States Fidelity & Guaranty Co. v. Centropolis Bank of Kansas City, Mo.Court of Appeals for the Eighth Circuit · 1927

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