In re Miller

Citations

• 221 F. 690
• 1915 U.S. Dist. LEXIS 1619

Syllabus

<p>Bankruptcy <©=s>396—Property Passing to Trustee—Growing Crops.</p> <p>A crop growing upon a homestead on public lands of the United States at the time the homestead entryman became bankrupt did not pass to the trustee, under Bankr. Act July 1, 1898, c. 541, § 70, 30 Stat. 565 (Comp. St. 1913, § 9654), vesting in the trustee property not exempt, which prior to the filing of the petition the bankrupt could by any means have transferred, or which might have been levied upon and sold under judicial process against him, as this imports property capable of change of ownership and enjoyment without recourse to property and labor of the bankrupt, which are not a part of the estate and upon which creditors have no claim, his contract to purchase from the United States was a personal contract, not assignable or subject to execution, and which he could at any time abandon, the crop had no existence separate from the land, and no transfer value, as its value was potential only, and such as might be created by the land and future labor; nor was the crop subject to levy and sale, as thereby the bankrupt might be prevented from performing his contract with the United States, especially where the trustee permitted the bankrupt to devote his time, money, and labor to maturing the crop before electing to claim it.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 659-668; Dec. Dig. <S=>396.]</p> <p><gcs>For other cases see same topic & K22Y-NUMBI3R in all Key-Numbered Digests & Indexes</p>