ENGLAND v. SANDERSON

No. 14953.

236 F.2d 641 (1956)

John O. ENGLAND, Trustee of the Estate of Daniel E. Sanderson, Bankrupt, Appellant, v. Daniel E. SANDERSON, Bankrupt, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 12, 1956.


Attorney(s) appearing for the Case

Shapro & Rothschild, Daniel Aronson, Jr., San Francisco, Cal., for appellant.

Jefferson E. Peyser, Leonard S. Lurie, San Francisco, Cal., for appellee.

Craig, Weller & Laugharn, Frank C. Weller, Hubert F. Laugharn, C. E. H. McDonnell, Thomas S. Tobin, Los Angeles, Cal., amici curiae.

Before ORR, McALLISTER, and BARNES, Circuit Judges.


ORR, Circuit Judge.

Appellee Sanderson was adjudged a bankrupt on April 13, 1954, pursuant to a voluntary petition theretofore filed. Appellant England has been elected trustee.

On February 26, 1954, Sanderson, hereafter "bankrupt," filed a declaration of homestead pursuant to California law.

We are here concerned with the question of whether the bankrupt is entitled to an exemption of $12,500, the amount stated in Calif.Civ.C. § 1260 in force...

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