Lynch v. Stotler

215 F.2d 776 E. A. LYNCH, as Trustee in Bankruptcy for the Estates of Margaret A. Stotler and Robert L. Stotler, Bankrupts, Appellant, v. Robert L. STOTLER and Margaret A. Stotler, Appellees. No. 14183. United States Court of Appeals, Ninth Circuit. Sept. 27, 1954. Craig, Weller & Laugharn, Herbert F. Laugharn, Thomas S. Tobin, A. J. Bumb, Los Angeles, Cal., for appellant. Lyle M. Stevens, Long Beach, Cal., for appellee. Before FEE and CHAMBERS, Circuit Judges, and CLARK, District Judge. CHAMBERS, Circuit Judge. 1 The appellees, owners and operators of the Humpty Dumpty Inn in Long Beach, upon their voluntary petitions, were adjudged bankrupts on May 5, 1952. Prior thereto in December, 1950, they had executed and recorded in the office of the County Recorder of Los Angeles County a Declaration of Homestead which read in its entirety as follows: 2 'Declaration of Homestead 3 '(By Head of Family) 4 'Know All Men by These Presents): 5 'That I, Robert L. Stotler and Margaret A. Stotler, husband and wife, as joint tenants, do certify and declare as follows: 6 '(1) I am . . . 7 '(2) I am the head of a family consisting of . . . and who (is, are). . . under my care and maintenance. 8…