The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1915-12-24
KNEHANS MUST
SOLVE z Home
STEAD PROBLEMS
Bankrupts Raise Questions
In Trying To Exempt
Their Property.
ARE HIS FIRST CASES
AFTER MONTH ILLNESS
Blanchard Case Questions If
Man In Debt Can Acquire
Home.

Two difficult questions involving the
| homestead laws of the Federal gov
eminent as well as the state yesterday
were presented TO L. S. Referee in
Bankruptcy Oscar 4. knehans on the
first day that he visited his Office in
several weeks after being confined to
his bed with Illness.
Both were raised in the argu-
ment of bankrupt cases at creditors
meetings and Judge knehans annOunc-
ed that he will give his decision sew
eral days in the future after the attor-
neys file their briefs.
In the first case that was presented,
B. f. Hopper, OF Campbell, farmer,
seeks to retain his homestead, = tract
OF 80 acres, although he does not re
side on the land
In the homestead laws, one of the
cssentia! features is that the owner, t.
claim it as a homestead. must live
on the land as we'll as have Il clear
title to the property. Hoppcr's diff
ficuity comes about in a roundabout
way.
He originally owned 80 acres Of
land, the testimony showed. ana his
wife owned another plot of land This
she sold and the money was turned
over to Hopper with which to meet an
obligation. In return fer the money,
he gave her Il deed to so acres of his
land, the so that he transferred. hay
ing the house in which they reside
thereon.
c. V. Seed Of Campbell, one Of the
creditors Of Hopper,s estate, argued
that the 30 acres left to Hopper ought
to be tHrncd over to tho estate. Hop
per, in his testimony, declared that he
works for his wife on the so acres on
which they live, but the 20 in reality is
his homestead.
L. J. Carter, city clerk at Campbell.
yesterday was appointed trustee in
IIoppcr's estate.
The other question presented tc
KnchanS, briefly, seeks to establish
whether a man can obtain 4 home
stead when. be already has other OBJ
legations against himself.
This vas brought up in a hearing
when F'rcaborn P. blanchard of Nal
den, Il contractor, flied an objection to
having his home sold for his estate. He
has been in the bankruptcy court for
several days also.
George Fl. Traylor of New Madrid,
trustee for the estate, through his at
torney H. c. Riley, filed a petition to
have tho homestead sold for the es-
tate.
The circumstances Of Blanchard'S
acquisition of his place were briefly
this: In 1912. Blanchard borrowed
$4,000 from the Commercial Bank Of
New Madrid and gave his notes for
the indebtedness. The following year
he purchased his horne which still is
encountered to the extent of $500.
The bank contends that Blanchard
has no homestead for the reason that
he owed the bank money before he
acquired the home
Another angle of the situation
brings out clash between what may
be the Federal bankruptcy law and
and the ruling of state court The
bank some time ago flied suit against
blanchard on the notes that it held
The suit was filed inthc Circuit Court
of Dunklin County.
The bank wished 20 attach the home
stead to satisfy the notes. The Cir
cult Court ruled that the bank had no
/ right to touch the homestead in this
manner. No appeal was taken by the
bank from this decision, so that the
decision automatically stands in the
state court Blanchard and his at
/ torneyS Judge J. l.. Downing and Ira
NJ. Morris of Maiden, claim that the
! Federal bankruptcy court is bound by
the state courts ruling III this case.
knehans yesterday also notified c.
f. Orchard, of Eminence, Mo, drug
gist, who fled a petition in bank
ruptcy recently, that his creditors
meeting will be set over till tomorrow
when he missed train connections in
st. Louis on his way TO attend the
hearing and claim his exemptions al
lowed by the law.