In re Tobias

PAUL, District Judge.

In this case the referee certifies to the court for decision certain questions raised by exceptions taken to the bankrupt's claim of homestead. The first question is:

“When a bankrupt in his schedule says, ‘X claim the exemptions allowed a householder under the state law,’ and afterwards files a homestead deed, is this sufficient compliance with the law to entitle him to the exemption?’

The exemption claimed by the bankrupt under the provisions of the homestead law of Virginia is a stock pf merchandise surrendered in his schedules. Section 3639, Code Va. 1887, provides how…