Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1874-06-11


The act OF 4 sscinbly 4Aliouino IFniqe,, of
the Homestead Declared Constitutional
The Last AmendatorY BANKRUPT act of
CJngress Unconstitutional and Void. ON,
tStaic Constitution Operative from the 6tl,
Of JutU, 1869, ami the Homestead q Riobt
from that date.
In the United States Circuit Court
Friday, the following important decis
ions We're rendered by Chief Justice
Waite.
THE CASES OF GENERAL GEORGE II. Tuost-
AS AND T. T. BROOKS IN THE UNITED
STATES CIRCUIT COURT.
The United States Circuit Court
room, at 10 o'clock Friday morning.
was crowded by members of the bar.
representing all portions of the State,
and business men of this city. It was
known that some decisions were to be
rendered, and public attention was ex.
cited no less by tie magnitude of the
cases than by the expectation that Chief
Justice Waite would deliver the ouin.
ions. AS soon as tie Chief Justice and
Judge II. L. Bond We're seated and the
uslisal proclamation was made by the
elIer, the former read the following:
The Homestead and the 4in.caaatoru Bnn7.-
rupt Act
In re DANIEL DEcKEnr: / bankrun
Petition for review under the second
section OF the bankrupt act:
Waite, Chie5:Justice-Deckert was
adjudged bankrupt upon his own pc
ton on the 3lst day of March, 1878
An assignee was appointed May 16
1878, to whom he assigned his real and
personal property in due form. Sc
lnuch of the personal property as was
exempt ttni'er the BANKRUPT law was
duly set off by the assignee. It's value
was estimated at $33775 The bank
rupt however, claimed homestead ex
emption in the real property under the
provisions of the Constitution and the
laws Of Virginia and the act of March
3, 1873, amendatory of the bankrupt
law; and on the goth of August. 1878
lie filed his petition in the District Court
of the Western District Of Virginia tc
have such homestead set of for him
On the goth of august an order was
made by that court granting the pFave,
OF lis petition.
Certain creditors have fled petitions
for review Of this order. The cases
made by the several petitioners are as
follows:
/: He'iy Saeih-On the oath Jan
nary, 1868, the bankrupt and J. l..
Deckert executed to one Robert Wa
son, at Chambersbl re, Penn, note
for the payment Of $500 in one wear
after date, with interest. This note
was afterwards assigned to Smith. who
obtained a Judgment upon it in the
Washington county Circuit Court of
Maryland, at the August term, 1871,
for 81, ALSO, that being the balance
then de. AT the April term, A D.
1872, of the Circuit Court Ct Halifax.
Virginia, another Judgment was OBJ
talned by Smith against the bankrupt
upon the Maryland Judgment. This
last Judgment was duly docketed in
Halifax, and becanls Zen apoa the
real estate afterward assigned under Tie
proceedings in bankruptcy. Smith hav>
ing been cited to show cause why the
prayer Of the petition of the bankrupt
for the assignment of the homestead
Should not be granted, appeared and
submitted an abstract of his Virginia
judgment, but he did not furnish the
complete record, and did not submit the
record Of the Maryland Judgment upon
which that in Virginia was rendered.
This Judgment remains unpaid.
2. d. K. Waaaerlink.-On tie 1st
day of April, 1868, the bankrupt, as
surety, executed note with one j. L.
Deckert, as principal, for the payment
to Vanderbilt Of S651. so in six months
after date. Proof of this note was
made against the bankrnpts estate,
April 23d, 1873
3. E. A. Roberts, John A. Roberts.
and Robt r. Roberts, partners dnder
the rame of Roberts & Coon the
18th Of November, 1869, one Gaines
entered into contract in writing with
the bankrupt to construct for him Nhe
bankrupt dyke upon his lands. For
this he was to be paid at the rate of ten
cents per yard, portion being payable
as the work progressed, and the bal
ance in ninety days after its completion.
1t does not appear at what time work
under this contract was commenced. but
it was completed on the 23d ofSeptem
be-, 1870, when there was o balance
remaining unpaid of S5oo.75. This was
assigned by Gaines to Roberts g. Co.
and they proved it against the estate
OH the SD Of April, 1878. The cost Of
the whole work was .SI,944.83. This
haG been reduced by payments so that
only the above balance remained unpaid
at the time of the bankruptcy
4. George SCHMIDT. = The bankrupt
was on the LIST day Of April, 1870. in
debted to him in the sum of SI75 for
rent Of a house for one year from the
1st Of April, 1859. He and tire bank
rupt, on the Both of June, 1863, exeeu
ted their joint notes to Sarah Lee for
500, payable, with interest, in six
months after date thereof. Schindel
paid the whole Of this note. In 1872
he commenced his action IN the Circuit
Court OF Washington county, Maryland,
to recover the amount due him for the
rent and one half the amount paid on
the note, and on the 25th of March,
1873, judgment was rendered il: liz ia
vor for S27O52 and costs-$S.3O. On
the 22d Of April, 1873, this Judgment
was also duly proved as debt against
the estate
By Article XII of the Constitution
Of Virginia adopted il 1859 it was pro