Ingram v. Wilson

• Decision Date: 02 November 1903
• Docket Number: Original.,34
• Citation: 125 F. 913
• Parties: INGRAM v. WILSON. In re INGRAM. No. 1,882.
• Court: U.S. Court of Appeals — Eighth Circuit

125 F. 913

INGRAM v. WILSON.

In re INGRAM. No. 1,882.

No. 34, Original.

United States Court of Appeals, Eighth Circuit.

November 2, 1903

J. L Parrish, for appellant.

Howard J. Clark (A. A. McLaughlin, on the brief) for appellee.

Appeal from the District Court of the United States for the Southern District of Iowa.

On Petition for Review.

Before SANBORN, THAYER, and VAN DEVANTER, Circuit Judges.

THAYER Circuit Judge.

These are bankruptcy cases, one of which comes before us on appeal from an order made by the District Court and the other is an original proceeding which was commenced in this court by a petition for review. Both of these cases involve the same question, the petition for review having been filed because Ingram, the petition and appellant, was uncertain whether the order made by the lower court should be brought before this court for review by appeal or by a petition for review.

Adalaska O. Ingram, the appellant and petitioner, was adjudicated a bankrupt proceedings certain real property belonging to the bankrupt, to wit, lots 111, 112, 141, and 142 in the town of Mt. Ayr, in the state of Iowa, were claimed by the bankrupt as a homestead, and as exempt under the laws of the state. On January 30, 1900, this claim was sustained, and the aforesaid property was set aside to the bankrupt as exempt by an order made in the course of the bankruptcy proceedings. At a later date, to wit, on or about September 19, 1902, George W Wilson, the appellee, presented a petition to the bankrupt court wherein he alleged, in substance, that he was the holder of a note in the sum of $4,000, which was executed by the bankrupt on November 10, 1893, which had been duly proven and allowed as a debt of the bankrupt in the course of the bankruptcy proceedings, on which certain payments had been made before bankruptcy proceedings were inaugurated, and upon which certain dividends had also been paid out of the bankrupt's estate, in the course of such proceedings, but that the same had not been fully paid and discharged, and that a balance remained due thereon. Wilson further alleged that Ingram became possessed of the real property aforesaid which had been set aside to him as exempt, long after the execution and delivery of the last-mentioned note, and that under the laws of the state of Iowa, where said property was located, and where the bankrupt resided, the homestead property of the debtor was liable for the payment of all his debts accrued or existing prior to the acquisition of the property constituting the homestead. He accordingly prayed the bankrupt court to make an order directing the trustee in Bankruptcy to take possession of the aforesaid property constituting the homestead, and to sell the same, and apply the proceeds to the extinguishment of the balance due on the aforesaid not in favor of Wilson. Subsequently, on December 18, 1902, the bankrupt court granted the petitioner's prayer by directing the trustee in bankruptcy to proceed to sell at public auction and for cash the real estate constituting the bankrupt's homestead, theretofore set apart to him as exempt, and out of the proceeds of the sale to pay to Wilson, the petitioner, the sum of $2,583.10, being the amount found to be due on the petitioner's note, together with interest thereon at the rate of 8 per cent. per annum from December 12, 1899, and to pay the balance of the proceeds of the sale of the homestead to the bankrupt. The present appeal, as well as the petition for review, challenge the validity of this order.

Two questions were argued before this court, and have been...