Mowbray Pearson Co. v. Pershall

Citations

• 92 Wash. 516
• 159 P. 682
• 1916 Wash. LEXIS 776

Syllabus

<p>Execution — Sale—Confirmation—Homestead Exemption. The right to a homestead exemption, claimed prior to execution sale, may he considered on objections to confirmation of the sale.</p> <p>Same — Sale—Confirmation—Exemptions—Amendment. A motion to vacate an execution sale on account of a claimed exemption may be amended at the hearing by pleading insolvency and bankruptcy proceedings in which the property in question had been set off as exempt.</p> <p>Bankruptcy — Liens — Avoidance — Insolvency — Execution— Sale — Confirmation. It is a good objection to the confirmation of an execution sale to the judgment creditor, upon a judgment recovered in June, that while the confirmation was still pending the debtor had been adjudged insolvent at all times since the suit, in bankruptcy proceedings instituted in August, and the property in question set off to him as exempt; in view of § 67f of the Bankruptcy Act avoiding all liens against insolvents acquired within four months preceding the petition.</p>