102 F. 679 (W.D.Ark. 1900), Hawk v. Hawk

Citation:102 F. 679
Party Name:HAWK v. HAWK et al.
Case Date:June 07, 1900
Court:United States District Courts, 8th Circuit, Western District of Arkansas
 
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Page 679

102 F. 679 (W.D.Ark. 1900)

HAWK

v.

HAWK et al.

United States District Court, W.D. Arkansas, Texarkana Division.

June 7, 1900

A petition in this case was filed by Jennie M. Hawk, the wife of the defendant Hale E. Hawk, and John M. Cook as trustee in bankruptcy, on the 22d of May, 1900. It is a petition for a temporary restraining order against John M. Cook, trustee in bankruptcy of Hale E. Hawk, directing said trustee to

Page 680

withhold from distribution one-third of all the personalty or its proceeds, and one-third of the real estate or its proceeds, belonging to the estate of the said bankrupt; and her petition rests upon the following admitted facts: The plaintiff was married to the defendant Hale E. Hawk on October 8, 1895. At her marriage he was entirely without means, and she had several thousands of dollars in property, which after her marriage she turned over to him, and which he used as his property. Part of it was invested in real estate in his name, and the remainder of it invested in a sawmill and other properties connected therewith, and stood in his own name at the time he contracted the debts now probated against his estate in bankruptcy. The plaintiff lived with her husband, who is a white man, until the year 1900, when he became enamored of a colored woman and drove his wife from the house, took up with the colored woman, furnishing her a home, and lived with her. Ascertaining in the latter part of April that she was about to file a petition for divorce, to prevent her from getting any portion of the estate under the statutes of Arkansas hereafter quoted he filed his petition in bankruptcy on the 27th of April, 1900, and was immediately adjudicated a bankrupt. On the following day the plaintiff filed her petition for divorce in one of the circuit courts of the state, and on the 5th of May following she filed in the same court her petition for alimony and attorney's fees; and alimony had been granted her, to the extent of $18 per month, and $50 attorney's fees, and $20 for expense of taking depositions. That the defendant has filed his schedule of exempt property before the referee to the extent of $500, and the same is now pending for hearing. That a sale of the property of the said bankrupt has been made, the money collected, and May 31, 1900, designated by the said referee as the date of payment of the first dividend out of said bankrupt's estate. That the creditors who have probated their claims are numerous, and they aggregate several thousand dollars more than the assets of the bankrupt's estate. She alleges that she will obtain her divorce in October, 1900, but that, if the...

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