In re Wilson

Citations

• 123 F. 20
• 59 C.C.A. 100
• 1903 U.S. App. LEXIS 3961

Syllabus

<p>1. Bankruptcy—Homestead Exemption—Payment of Mortgage while Insolvent.</p> <p>Under the Constitution and statutes of California, as construed by the Supreme Court of the state, which, under the bankruptcy law, furnish the rule governing the exemptions of a bankrupt in that state, the use of funds by an insolvent debtor to purchase a homestead or to discharge a lien thereon is not fraudulent, and does not invalidate his claim to the homestead exemption, or give his trustee in bankruptcy the right to subject the homestead to a lien for the amount so diverted from his creditors.</p> <p>¶ 1. See Fraudulent Conveyances, vol. 24, Cent. Dig. §54; Homestead, vol. 25, Cent. Dig. § 87.</p>