The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-11-07

r, QUESTIONS UNDER HOMESTEAD
20. ~ VIRGINIA, IN ITS RELATION To
.nrN,NkRUpT ACT OF MARCH 2. 1867
,>n ACTS AMENDAToRy THEREoF. DE-
,.,rKEp pCroRER 81, 1873.
TrE CIRCUIT COURT or ThS uSfTRR srATM
r..E TIN H.srRRS plsTRIcT or VIRGINIA.
~. GEossp W. p,LLAaD, bankrupt.
.~,,;r, creditors Of the bankrupt have
d. annIics,ion 10 the supervisory iun.dic.
n thr Circuit Court in this case for q
q sal Of decree Of the District Court
..r., in bankruptcy. allowing homestead
,.motion 10 the bankrupt.
r.Hrrr are several cases submitted. the facts
,..l upon being the same, or nearly 80,
> a.. Of them.
~. ,;Hn.on Of the court "a expected "a
- n! the questions which arise in the
admitted. whether they are to be
.,1 II he case immediately at bar or not
reed statement OF facts is rs fol.
ut 81 tA> i'aIc.i states Tor the Fo,rH
ITrcnH No. 1895 IN he matter q
IS ". DILLhRp, bankrupt. IN sank
Z N,S onNcN 4 Farr. and Others, TO reyis,
t=,,,',. certain orders entered by the District
q. .,r [ :ii:.3 States for the Eastern District
,.--...:, uttered on tho III day OF February
Nay.A :. ISIS, aud July 81, 1872.
a., -N, - day Of --- Israel N. Parr
...r, VIM. pr-.ur. " the firm of McConkey
j,.~r tiL.d hiS h;.. in the Circuit Court .!
.....\ county. Va. against George w. Dill
.s.,t Others. setting forth that ne was q
.....,ar ~ Judgment duly dockcted tor
ASH II the said George w. billiard
:. thereafter. 10 wit: on the 10th day oil
srr,l~r. 1869. the ssid billiard had exc
..,1 .,,o deeds OF trust conveying away all
y.y, estate: ,h.t the suid deeds were
.a-.l,.rn; and void A. against the creditors
.., >,i4 pi!lard. and praying that the said
-..ai, should hc -; aside, and the rea! estate
,...,. >at BLIZZARD subjected to the payment
{ ~, Debt due TO the plaintiff and such
,...y GrHt> IL should he liens upon the
:. sui: proceeded regularly. An account
-. ERECTED ;o IL taken by commissioner
r.. In. ruurt Of the liens and of their re-
,.,,tiy. priorI,c-. and of the fee simple and
,-,uH value OF tue real estate. Such &C.
al. was regularly taken and reported to
E. .nurt. and on the 18th day Of Novem-
49,. 1871. there being no exception to the
.,.,r,, the same was confirmed by the court
~!a decree entered declaring the said deeds
",g.ucnt and void Is TO the creditors hay
r.. prior ljeus. and decreeDg that unless the
ri Grorce ". billiard should within four
E.,t.ih> Jay ct the judgments reported as
Us uign the said real estate, James Ii.
Matthew's and Thomas CroXton, AS commits
...,.rr> of the court, should proceed 70 sell
r.. >,g.,. The account of the liens and OF
... ,.1;.c OF the tiud - reported by the coIa-
r.. ..t,r and confirmed by the court showed
Il ,monnt Of liens 10 be Sl2, $3.50, aud the
4. ..nplr value OF the real estate 10 be, in
,,v,4uI..y. 1871. SS,09G. and in May, 1867 ,
$40. bat subject TO the contingent right
9. DOVER IT the wife of the sSid billiard.
ca the 10Th March, 1872, George W. Dill
....i lid his petition, and was adjudieated u
pa.krlilt, claiming to have homestead eX-
4.:;4.d - him according to the laws of yir-
.@n. On he llib April, 1872, an injunc-
uop was awarded by the Bankrupt Court TO
.,~'rGn The commissioners OF the Circuit
tar, Of Essex from selling the real estate
la.!,r the decree Of November 18th, 1871.
o. ~ I'D April 1872, rule was entered
Past ~" creditors show cause why the real
.>,l,, ii the said billiard should not be sold
-. from incumbrance Before any action
~, aiken under that rule, to wit: on the
.Ea May. 1872. AeCoDkey & Parr, Thomas
tcnNtnu. -yec,Iio. Of Mace Clements. Chris
.a.6,r bill, executor of William New
b.. and Nathan Parker, all creditors OF the
sd George ". billiard, having judgment
trt., upon h real estate, filed objections to
..,4 SALE. eTf the reason in part that the Cir
>s.; Court OF E--:X had already decreed the
~ lands to i,s sosd to pay their debts,
...rh were liens. and because the judgment
i,> Exceeded the value Of the real estate.
lied With their application proofs OF the
..5n # the Circuit Court of Essex. On
:. =>jh May. 1872, they, with other lndg-
..t...cM creditors, proved their debts be-
1 Ire Kr1i>;rr in Bankruptcy, not waiv.
ILL.,. lat EXPRESSLY reser,ing their liens, and
.ur.uc TIE t~ncfit Of them, and OF the
,. d. Grry,r of Essex Circuit Court, as fully
10! "Ai-,cd hc!urc the filing OF the petit
. IN Bankruptcy Of the said George W,
. li. The amount OF such debts exceeded
..n'H besides interest and costs. No acton
=, since hccn tskcn under the said rule.
~ "a" 3l>, o! July. 1872, upon the april.
>'.1H II the bankrupt, and the recommends.
4 IT The register that 1.-TWO thousand dol
r., III addition to the exemptions hereto
-. ,ranted should lie allowed, and with
=. assent Of the assignee, without any notice
s,..'ryrr 10 any Of the creditors, the follow.
r. order Was entered by the Judge of the
L..;;!rt Court il Bankruptcy "The two
:. '.>snd dollar. recommended by the regis.
=. %!.! ~ allowed in any bid made by the
y.ahrUpt."
On inc llth February, 1873, after due no
= 10 the assignee Of the bankrupt, the Pc
''.nl"r, applied TO the Judge in Bankruptcy
!. ,t!tcr such an order as would enable the
g:'1Iit Court Of Essex 10 enforce its decree
E, 9Th November, 1871, by selling the lands
- distributing the proceeds according to
~. The court refused to enter such III
4 'l.r. but In lieu thereof entered al order
& :'%!ug the assignee to unite with the com
1 i.1>icurr Of the Circuit Court Of Essex il
/ rakins the sale directed By the said de-
e..
i IN The 1st OF March, 1873, the judge, upon
r. application Of the assignee, entered an
".i'r ,u>pendiug the order OF February
Il IN - enable the assignee TO invoke the
4 ',.rrI>ory jurisdiction Of this court. The
1 '".ne- declined doing SO, aud then your
fitlOners 1lcd their petition for that pur
:',".
We,C &. Grisw old, attorney for the petit
t'4rr>, and James ID. Matthews, assignee II
'.t.ruptcy Of the said George w. billiard
-" 10 the foregoing statement Of facts q:
~ the facts appearing in and by the re-
81 Of the proceedings in the cause, and
~: Inc same may be received and acted upoI
IL honorable Judge OF this court, in con
'''!n. and deciding upon the said petition
I &. q. GRiSwoLD,
Attorney for Petitioners.
JAMES Nj. MATTHEWS,
Assignee
7 Jon this statement Of facts the Circuit