Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1903-02-27
IN FAVOR OF DEFENDANT.
Circuit Judge J. W. Hamifton has Handed
Down Decision in Case of Groves VS..
Osburn.

Circuit Judge j. w. Hamilton has Hande,
| Down Decision in Case of Groves vs.
Osburn.
Judge ]. w. Hamilton handed
down a decision Wednesday il
the case of VIM. Groves VS.. John
M. Osburn, sustaining the de.
murrer in the amended complaint
in equity in this case. On the
23d day of November, 1900, Mr..
Osburn went into bankruptcy in
the U. S. District Court for Ore
gon, and on the 2eth day of May,
1901, he obtained his discharge
from the obligation of debts which
discharge is as follows:
"Whereas John NJ. Osburn OF
Corvallis, in the county of Ben
ton, in said district, has been
duly adjudged bankrupt under
the acts of congress relating to
bankruptcy, and appears to have
conformed to all the requirements
of the law in that behalf; 1t is
therefore ordered by this Court
that said John M. Osburn be dis
charged from all debts and claims
which are made provable by said
acts, against his estate and which
existed on the 23d day of No
venber. A. D. 1900, on which
day the petition for adjudication
was filed by him; excepting such
debts as are by law excepted
from the operation of a discharge
in bankruptcy"
There is no contention between
Mr.. Groves and Mr.. Osburn as to
the discharge, but it bears an i'm
portant part in the suit just de-
cided by Judge Hamilton. When
Mr.. Osburn went into bankruptcy
under the laws relating thereto,
he scheduled all his property con-
sisting Of his farm, stock, and his
residence in Corvallis, Oregon,
and other property and turned
over the same to the trustee, J.
o. Wilson, and at the time
claimed, as property exempt from
execution his home IN Corvallis.
The trustee turned over this
property to him, made due re-
port of his action to the Court
which report was approved by the
u. S. District Court.
In the year 1893 the laws of
Oregon were amended so that the
exemptions from execution by the
debtor were extended so that he
might claim his home up to the
value Of 81, 500. Now comes the
point in this case of Groves VS..
Osburr. Mr.. Groves fer him
self, and as assignee of several
notes from other parties which
had been given and become due
before the year 1893, has under
taken in various and sundry ac-
tons aud suits to subject this
home property of Mr.. Osburn to
the payment of these several
notes made prior to 1898. But
State Circuit Judge Hamilton so
far has held against the conten-
ton of Groves in the premises.
Mr.. Groves first brought an action
at law and attached this property,
whereupon Osburn asked and
was granted stay of proceedings
in the State Court pending the
disposition of the bankruptcy
proceeding in the U. S. Court.
Then Mr.. Osburn answered that
he had been discharged from all
his debts and liabilities by the
u. S. District Court, Plaintiff
amended his complaint, but f.
nally dismissed his action at law
and instituted the present suit in
equity to establish lien upon
the home place by reason of the
said promissory notes. But Judge
Hamilton, as stated above, has
just now decided that there are
not sufficient facts stated to JUS
tify the complaint as amended
and sustains the demurrer to the
same. Just what turn the plain
tiff may yet take in the matter is
not known. This case has been
a prominent feature in all the
sessions sof the State Court for
two or three years past and it is
doubtful whether the case is yet
ended, as Mr.. Groves attorneys
say they will prosecute their side