Maxwell v. McCune

Citations

• 37 Tex. 515

Syllabus

<p>1. By the proviso to the 14th Section of the General Bankrupt Law, all property exempted from forced sale by the laws of the several States is saved to bankrupts; and it seems that such exempted property cannot be affected by a sale of the same by a bankrupt’s assignee, though made by order of the Bankrupt Court, foreclosing a deed of trust. This court, however, disclaims the right to review the proceedings of the United States courts in bankruptcy.</p> <p>3. On the 37tli of February, 1869, H. leased his homestead for that year to M., who obligated himself to pay the rent on the 30th of December, 1869. Before maturity of the obligation, it was assigned byH. to the plaintiffs, who, after its maturity, brought suit on it against M. By his answer, M. alleged that H. was adjudged a bankrupt in October, 1868, having previously conveyed his homestead in trust to secure a debt; that the bankrupt court, on the 8th of February, 1869, ordered the assignee of H. to sell the property in satisfaction of the deed of trust; and that, on the 6th of April, 1869, defendant purchased it from the assignee and received from him a conveyance of it, whereby defendant became entitled, not only to the property itself, but also to the rents and his rental obligation sued on. Held, that the answer presented no defense to the action of the plaintiffs, who acquired the obligation in good faith and before its maturity.</p>