In re Youngstrom

Citations

• 153 F. 98
• 82 C.C.A. 232
• 1907 U.S. App. LEXIS 4381

Syllabus

<p>L Bankbtjptoy — Petition to Revise — Time.</p> <p>An order of a court of bankruptcy confirming an order of a referee denying a claim of certain exemptions asserted by the bankrupt’s wife, not being an 'order made specially appealable by Bankr. Act July 1, 1893, c. 541, § 25a, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432], was reviewable on a petition to revise, presented within the six months generally limited for invoking the appellate jurisdiction of the Circuit Court of Appeals by Act Cong. March 3, 1891, c. 517, § 11, Z6 Stat 829 [U. S. Comp. St. 1901, p. 552],</p> <p>2. Same — Homestead Exemptions.</p> <p>Mills’ Ann. St. Colo. § 2133, provides that, to entitle any person to the benefit of a homestead exemption, he shall cause the word “homestead” to be entered' in the margin of his record title to the same, which entry shall be signed and attested by the clerk and recorder of the county in which the premises are situated, and, if the property belongs to the husband, the entry may be made by the wife and vice versa. Held, that where the alleged homestead of a bankrupt had not been so designated on the record, when the bankruptcy petition was filed, at the time of the adjudication or the appointment and qualification of the trustee, the premises were not exempt under the state law, and could not be made exempt under Bankr. Act July 1, 1898, c. 541, §§ 6, 21, 70a, 30 Stat. 548, 552, 565 [U. S. Comp. St. 1901, pp. 3424, 3430, 3452], providing for the vesting of the bankrupt’s property in the trustée and for the setting apart of exemptions.</p> <p>3. Same — Effect op Adjudication.</p> <p>On a bankrupt’s adjudication, the debtor’s entire nonexempt estate is in legal contemplation brought into custodia legis and appropriated to the payment of his debts as effectually as if taken in execution or attachment, subject to the qualification, except as otherwise provided, that the property is appropriated in the same condition and subject to the ■ same equities as when in