United States District Court, Nebraska, 1899

In re Boston

In re Boston
United States District Court, Nebraska · Decided July 13, 1899 · Munger
98 F. 587; 1899 U.S. Dist. LEXIS 265
In re Boston

Opinion of the Court

MUNGER, District Judge.

This matter is heard on an appeal from the decision of Referee Jack, finding that the bankrupt, a few days before filing his voluntary petition, disposed of property not exempt, and applied the same in partial payment of an incumbrance upon property which was exempt; that such transaction upon the part of the bankrupt was in fraud of the bankruptcy law; and that by reason thereof the creditors are entitled to be subrogated as mortgage creditors upon the homestead to the extent of such payment, to wit, $120. This decision of the referee is affirmed.

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