Wulbern v. Drake

Citations

• 120 F. 493
• 56 C.C.A. 643
• 1903 U.S. App. LEXIS 4503

Syllabus

<p>1. Bankruptcy — Involuntary Proceedings — Persons Engaged Chiefly in Farming.</p> <p>An alleged bankrupt managed and controlled plantations containing over 1,100 acres, the greater part of which he owned, the title to the remainder being in his children. Nearly all of the land was cultivated, a part by hired labor and the remainder by tenants. He resided on the land, and devoted the principal part of his time to the carrying on of its cultivation, upon which he relied as his principal source of income. He also maintained on the plantation where he resided a store or commissary, for which he purchased goods, supplies, and fertilizers to the amount of about $20,000 a year, and sold the same, almost exclusively, to his employes and tenants. Held, that he was “engaged chiefly in farming or the tillage of the soil,” within the meaning of Bankr. Act, § 4b [U. S. Comp. St. 1901, p. 3423], and could not be adjudged an involuntary bankrupt.</p> <p>¶ 1. What persons are subject to bankruptcy law, see note to Mattoon Nat Bank v. First Nat. Bank, 42 C. C. A. 4.</p>