In re Martin
District Court, W.D. Texas
In Bankruptcy. In the matter of John Martin, bankrupt. From an order of the referee affirming an order of the trustee, refusing to set aside property claimed by the bankrupt as a business homestead, the bankrupt and his wife appeal.
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In Bankruptcy. In the matter of John Martin, bankrupt. From an order of the referee affirming an order of the trustee, refusing to set aside property claimed by the bankrupt as a business homestead, the bankrupt and his wife appeal. The Question before the court arises upon a petition filed by the bankrupt ■to review the order of the referee, Dudley K. Woodward, Jr., by which he declined to disturb the order of the trustee in refusing to set aside certain property claimed by the bankrupt as a business homestead. The facts are fully set forth in the following findings of the referee: “Findings…
1Opinion of the CourtMaxey, District Judge
(after stating the facts as above). The order of the referee in this case is affirmed on the authority of In re Flannagan (D. C.) 117 F. 695. The decision in Flannagan’s Case was based upon Shryock v. Latimer, 57 Tex. 674, and other authorities therein cited. The case of Shryock v. Latimer was decided in 1882. in Alexander v. Lovett, 95 Tex., at page 664, 69 S. W., at page 69, decided in 1902, it was said by the court that:
“The decision, in the case of Shryock v. Latimer has never been overruled, nor the principles there stated modified, and it controls this case.”
And it may be said that it…
2Cases cited2 opinions
- Shryock & Rowland v. LatimerTexas Supreme Court · 1882
- In re FlannaganDistrict Court, W.D. Texas · 1902