The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-02-19

ity to any creditor of the bankrupt"
Proceeding, therefore, to pass upon the
charges Of the assignee, some of which are
itemized and numbered above, 1 disallow the
first item. The eauctioneer's commission was
proper and properly paid. but It should have
been paid out of the assignee's commission
of Al per cent, item three above, or out of
the assignee's extra allowance of $50, item
four above.
disallow the second item, it being pro.
perly part OF allowances three and six.
disalow the fourth item, it also being
properly part Of allowances and 6.
| disaow the fifth item. The deeds should
have been prepared by the bankrupts attor-
neys without additional charge.
| disallow the seventh item, which Is due
TO the bankrupt as part of bis $500 exemp-
ton.
1t do not approve of the eighth item. and
reier 1t TO the register for his report on the
| subject. do not know under what law or
rule OF this court such rate Of charges can
DC allowed for advertising sales of bank
rupt's property.
also REFER the ninth item to the register
| Tor his report whether the matter arbitrated
was not dispute between two creditors
and not between either creditor and the
| bankrupt, and the expenses therefore charge
aOle 10 Tue TWO creditors.
The bankrupt i'll his petition complains of
! the tenth and eleventh items as improperly
| paid 10y the assignee. This court cannot
| undertake TO protect suitors from their own
acts of folly and improvidence. If these at.
| torney's fees were the result of contract this
court cannot interfere. But the two items
| are referred to the register for his report
whether the fees were due by contract and
| paid upon proper vouchers.
| The register is requested to report by the
| 21st instant, if practicable, so that a proper
order may be made without further delay
covering these matters.
| Homestead Exemption Good against
General Judgment for Debt.
In the matter Of John G. Lun,pkin, Bank-
| rupt.-In this case it must be conceded that
| the bankrupt has received very liberal al
| lowances on the score Of exemptions. But
| the only protest against these allowances is
made by Sarah T. Sydnor, executrix OF Will
| liam B. Sydnor, deceased, who claims that a
judgment in her favor rendered by the
| County Court OF Hanover county on the 18th
| day of December, 1872, upon n confession Of
judg dgment by the said Lumpkin, for the sum
| of two hundred and fifty dollars, was founded
upon rent due her from Lumpkin, and that
|
rent.
The record of the County Court Of Hano-
| yer does not show that it was rendered for
| rent due. 1t was not rendered upon a dis
| treSs for rent. 1t was rendered in the clerk
| Office upon "iudgment confessed by the de-
| feudant for $3.50" and the execution recites
that it was issued upon a Judgment recov-
cred for debt" generally ; one-ha'f due LIST
July, 1872 rest, 31st December, 1872. Tue
adjudication in bankruptcy was on the 9th
| August, 1873.
| The 11th article OF the State Constitution !,
repeated by chapter 1873 of the Code, pages
11GS and 1869. giving the homestead eXemp-
tion of $4,000, provided, amongst other
things, that " such exemption shall not eX-
tend TO any execution, order, or other pro-
| cess, issued on any demand fTN for rent
hereafter accruing"; and the 7th section of
the 18th article of the State Constitution
! provides, that 'the provisions of this arti-
| Gle SHALL be construed literally, to the end
that all the intents thereof may be fully and
perfectly carried out"
The only question in the case presented
now for decision, is whether the execution
above described issuing from the County
| Court Of Hanover can be regarded AS an ex-
ecution for rent. 1t was awarded upon a
| Judgment I0r QeOt CUulcSseu lii lile oluIf
and the record Of that court supplies no in-
formation whatever as to the nature OF the
debt for which it was confessed.
The exception in favor of rent in the
homestead article Of the Constitution oc-
ours in category of exceptions of liabili-
ties, all of which, more or less, operate as
lens-such as unpaid purchase-money due
for lands, taxes, leVicS, assessments, and the
like. 1t is plain that the Constitution in its
exception of rent looked only to those
executions upon distress process where
the lessor held Il lien upon the spe'
ciGc property of the lessee which was
liable for rent; and did not in.
tend to extend the lien for rent to all
the personality Of the lessee. Being. bound
to construe the law of the State giving the
homestead exemption "liberally," / must
look to the record Of the County Court Of
Hanover as it is; and cannot, upon extrane-
nous allegations, interpret it to be judgment
for rent, when it appears to be a Judgment
for debt generally; or extend the lien which
the lessor had upon such specific personality
as might have been subject to the lien fol
rent, TO all the personality of the bankrupt
The lessons execution has in fact waived
her specific lien for rent by taking genera
Judgment. Against such judgment thu
homestead exemption is good Her petition
is therefore dismissed.
| ITSuiuAp1R LETTERS REMAINING IN TIL