Joel Lockwood v. Exchange Bank of Fort Valley
Citation | 190 U.S. 294,47 L.Ed. 1061,23 S.Ct. 751 |
Decision Date | 01 June 1903 |
Docket Number | No. 226,226 |
Parties | JOEL W. LOCKWOOD, Petitioner , v. EXCHANGE BANK OF FORT VALLEY and F. P. Rape, Trustee |
Court | United States Supreme Court |
In this proceeding, upon certain questions being certified by the United States circuit court of appeals for the fifth circuit for decisi by this court, a writ of certiorari was allowed, and the entire record has been brought up for consideration.
The controversy is fully set forth in the following 'statement of case,' embodied in the certificate of the circuit court of appeals:
'On the 23d day of November, 1900, said Joel W. Lockwood was, on his application, duly adjudged a bankrupt by the district court of the United States for the southern district of Georgia. On December 6, 1900, F. T. Rape was duly appointed trustee for said bankrupt; on the 16th day of December, 1900, the said F. T. Rape, trustee, set aside and designated as an exemption all of the property returned by the said bankrupt in his schedule of assets. On the 1st day of January, 1901, the Exchange Bank of Fort Valley, a creditor who had duly proven its debt as an unsecured claim, filed exceptions to the trus- tee's assignment of homestead and exemption, upon the following grounds:
'To these exceptions of the creditor the bankrupt duly filed a demurrer on the following grounds:
This judgment of the district court is the one complained of, and which was sought to be revised in the circuit court of appeals.
Messrs.Stephen W. Parker, J. M. Terrell, John W. Haygood, and Allen Fort & Son for petitioner.
Messrs. Olin J. Wimberly and John I. Hall for respondents.
Mr. Justice White, after making the foregoing statement, delivered the opinion of the court:
The general exemption of property from levy or sale, authorized by article 9, § 1, ¶1, of the present Constitution of the state of Georgia (that of 1877), is 'realty or personalty, or both, to the value in the aggregate of $1,600.' By article 9, § 3, ¶1, of the same Constitution, a debtor is vested with power to waive or renounce in writing this right to exemption, 'except as to wearing apparel, and not exceeding $300 worth of household and kitchen furniture and provisions.' The mode of enforcement of a waiver of exemption is provided for in § 2850 of the Code of 1895, reading as follows:
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