RUTLEDGE v. JOHANSEN

No. 6075.

270 F.2d 881 (1959)

William E. RUTLEDGE, Trustee of the Estate of Jackson Mortimer Nafe, a Bankrupt, Appellant, v. C. R. JOHANSEN and Jane Johansen, Appellees.

United States Court of Appeals Tenth Circuit.

September 12, 1959.


Attorney(s) appearing for the Case

F. Paul Thieman, Jr., Tulsa, Okl., for appellant.

John R. Richards, Tulsa, Okl. (Joe B. Houston, Gerald B. Klein, R. L. Davidson, Jr., and Jack Fine, Tulsa, Okl., were with him on the brief), for appellees.

Before MURRAH, Chief Judge, and PICKETT and BREITENSTEIN, Circuit Judges.


MURRAH, Chief Judge.

The appellant, trustee in bankruptcy of the estate of Jackson Mortimer Nafe, brought this action to recover property which Nafe transferred to appellee for an antecedent debt within four months preceding bankruptcy. At the time of the transfer, the property was Nafe's Oklahoma homestead. The transfer was voluntary and without fraud, and no exemption therefor was claimed in Nafe's bankruptcy schedule.

The trial court found that all requisites...

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