In re Bregard

Citations

• 84 Cal. 322
• 24 P. 317
• 1890 Cal. LEXIS 812

Syllabus

<p>Insolvency — Errors in Schedule oe-' Property and Debts — Right of Insolvent to Discharge. —An insolvent who has acted in good faith, and upon the advice of counsel, in including certain property and a list of debts in his schedule, which are objected to by a creditor, who opposes his discharge, on the ground that the insolvent was not the owner of such property, and that such debts are false and fictitious, is entitled to his discharge, even though the schedule was in fact erroneous.</p> <p>Id.—What Schedule oe Insolvent should-Contain — Partnership Assets and Liabilities— “ False and Fictitious ” Debts. —It is the ■ duty of an insolvent debtor to include in his schedule all the property in which he is interested, including his interest in partnership assets, and all the debts for which he is personally liable, including his debts as a partner, and even if his copartner has attempted to pay the partnership debts by a transfer of partnership assets without the knowledge of the insolvent, such debts included in tlife list are not “ false and fictitious debts, ” within the meaning of section 48 of the insolvent act.</p> <p>Farming Partnership — Mortgage oe Crop by One Joint Owner. —One joint owner of a crop raised by a farming partnership--cannot mortgage the other joint owner’s interest in the crop.</p> <p>Id. —Rights oe Joint Owners oe Crop. — Until such crop is harvested and sold, one joint owner has as much interest in the crop as the other, and has the right to insist upon its being sold to the best possible advantage.</p>