In re Tune
District Court, N.D. Alabama
In Bankruptcy. On review of questions certified by referee. , James Harlan and S. M. Sloan, each of whom were holders of notea waiving exemptions, commenced suits against Tune by attachment on February 15, 1802, to collect their debts, suits being returnable on the 22d day of February, 1902. Tune filed a voluntary petition on the 17th day of February, 1902, and the next' day was duly adjudicated a bankrupt. In his schedule Harlan and Sloan were listed as creditors.
Read the full summary
In Bankruptcy. On review of questions certified by referee. , James Harlan and S. M. Sloan, each of whom were holders of notea waiving exemptions, commenced suits against Tune by attachment on February 15, 1802, to collect their debts, suits being returnable on the 22d day of February, 1902. Tune filed a voluntary petition on the 17th day of February, 1902, and the next' day was duly adjudicated a bankrupt. In his schedule Harlan and Sloan were listed as creditors. Tune, in his petition, claimed the raft of logs and some household and kitchen furniture, in all worth about $400, as exempt. On…
1Opinion of the CourtJones, District Judge
(after stating the facts). In Re Moore (D. C.) 112 Fed. 290, it was held that the waiver of exemption authorized by the laws of this state could not of itself confer any title, interest, or equity in the property of the debtor, and did not constitute a lien or pledge in any sense. That case differs from this, in that there the exempt property was claimed before a judgment or attachment. In view of the argument of counsel and the effect claimed for the levy on the exempt property in this case, some further discussion of the case seems proper.
The whole office and effect of a waiver of…
2Cases cited15 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Eyster v. GaffSupreme Court of the United States · 1876
- Bryan v. BernheimerSupreme Court of the United States · 1901
- Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889
- Bank v. ShermanSupreme Court of the United States · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fischer v. Pauline Oil & Gas Co.Supreme Court of the United States · 1940
- In Re RidingUnited States Bankruptcy Court, D. Utah · 1984
- Ex parte SMITHNevada Supreme Court · 1910
- Roberts v. SeanorCourt of Appeals of Georgia · 1932
- Peoples National Bank v. MaxsonSupreme Court of Iowa · 1915
6 more not listed; retrieve them via the Exa API.