Cecil M. Jackson, Bankrupt v. A. S. Menick, Trustee in Bankrutcy of Cecil M. Jackson, Bankrupt

Cecil M. Jackson was duly adjudicated a bankrupt. A. S. Menick was appointed Trustee. Thereafter, the Trustee refused to exempt certain real property on the ground that the Declaration of Homestead is improper in that no description of the property is contained therein. The Referee declared the property exempt to the bankrupt. The District Court reversed the Referee upon review, holding the Declaration of Homestead invalid. Bankrupt appeals from the latter order,

The .Declaration of Homestead, recorded by bankrupt and his wife on May 21, 1954, reads:

There is no description of the property, as required by § 1263, subd. 3, of the West’s Ann. California Civil Code, and' the declaration is invalid for that •reason. The suggestion that there is a reference in this document to the description of the homestead abandoned March 12, 1954, is palpably unsound. There is no reference thereto and no incorporation by reference thereof as a description of the property presently claimed as homestead.

Unfortunate as this may seem for the bankrupt, it must be remembered the Trustee for his creditors held a lien on this real property and was in the same position as a judgment creditor holding an…