Fidelity Produce Co. v. Perdue

1. Where, in equitable proceedings to obtain injunctive relief and the appointment of a receiver to take charge of funds which had been set apart to the bankrupt under his claim of homestead, and for a judgment in rem against the same, the petitioner asserted the right to subject the funds to his demand on the ground that the notes which were the basis of the same contained a waiver of homestead, and the debtor, against whom the proceedings were instituted, in his answer set up that another creditor held a mortgage which constituted a lien upon the funds in question, the mortgage being for a…