IN RE KAYS, 30858.

• Court: U.S. District Court — Western District of Washington
• Writing for the Court: NETERER, (after stating the facts as above)
• Citation: IN RE KAYS, 49 F.2d 345 (W.D. Wash. 1930)
• Decision Date: 17 December 1930
• Docket Number: No. 30858.,30858.
• Parties: In re KAYS et ux.

49 F.2d 345 (1930)

In re KAYS et ux.

No. 30858.

District Court, W. D. Washington, N. D.

December 17, 1930.

Murphy & Kumm, of Seattle, Wash., for bankrupts.

Eggerman & Rosling, of Seattle, Wash., for trustee.

NETERER, District Judge (after stating the facts as above).

The homestead may be selected not to exceed $2,000 in value, but "must be actually intended and used for a home." Section 552, Rem. Comp. Stat. Declaration of homestead must be executed and acknowledged in the same manner as a grant of real estate is acknowledged, and filed for record. Section 558, supra. Declaration inter alia must contain a statement that the declarant is residing thereon, or has purchased the same for a homestead and intends to reside thereon, and claims the same as a homestead (section 559, supra), and must be recorded (section 560, supra). From and after the time declaration is filed for record, the premises thereon described constitute a homestead. Section 561, supra.

It is obvious from the examination of the bankrupt and his witnesses that he did purchase the land for the purpose of making a home — a permanent residence where he intended to reside — that he devoted all of his spare time, etc., in improving the property; that he did select a site for a house, secured floor plans, consulted the lumberman for lumber, and sought a loan from various parties and concerns for the purpose of financing the building; that he did construct on the place a cabin with a tent top, a place in which to live during the summer time, and has in that place some cots and two or three article...