Woolfolk v. Murray
Supreme Court of Georgia
Homestead. Bankruptcy. Before Judge Cole. Ho. 1. Bibb Superior Court. Hovember Term, 1870. Ho. 2. Dooly Superior Court. April Term, 1871. "Waiving minor matters, the following are the material facts in these two eases: Ho. 1. Mrs. Woolfolk applied for an exemption of her husband’s land as a homestead for herself and children, and the cause came before the Superior Court by appeal.
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Homestead. Bankruptcy. Before Judge Cole. Ho. 1. Bibb Superior Court. Hovember Term, 1870. Ho. 2. Dooly Superior Court. April Term, 1871. "Waiving minor matters, the following are the material facts in these two eases: Ho. 1. Mrs. Woolfolk applied for an exemption of her husband’s land as a homestead for herself and children, and the cause came before the Superior Court by appeal. Murray, as trustee for her husband’s creditors, and certain of the creditors below, and on the appeal, objected to the setting apart of the homestead, upon the following grounds : 1. Prior to her application, the…
1Opinion of the Court
McCay, Judge.
1. Very clearly, the rights of the bankrupt to an exemption, or rather the quantity of his property that he is permitted to hold exempt from the claims of the assignee, is to be determined by the bankrupt law and the Bankrupt Court. The jurisdiction of the United States over the subject of bankruptcy, is plenary: Constitution United States, Article I., section 8, paragraph 4. The only doubt there can be, on the facts of this record, is whether our law does not give the wife and family such a specific interest in and lien upon the property of the bankrupt — not for his but for…
2Cited by3 opinions
- Cook v. HendricksSupreme Court of Georgia · 1916
- In Re TrammellDistrict Court, N.D. Georgia · 1925
- In re MoseleyDistrict Court, S.D. Georgia · 1873