Lewis F. Blagg v. Irving I. Bass, Trustee in Bankruptcy of the Estate of Lewis F. Blagg, Bankrupt

This is an appeal from an order of the District Court, Southern District of California, Central Division, which affirmed an order of a Referee in Bankruptcy denying to appellant a homestead exemption.

Appellant, after being adjudicated a bankrupt, claimed a homestead exemption of real property upon which he resided. The Referee in Bankruptcy refused to allow the exemption and this action was confirmed by the District Court upon a petition to review. This appeal followed. Jurisdiction of the court below is based on § 2, sub. a(10) of the Bankruptcy Act ( 11 U.S.C.A. § 11 ). Jurisdiction of this court is based upon § 24 of the Bankruptcy Act ( 11 U.S.C.A. § 47 ).

The facts show that on December 18, 1956, appellant executed and recorded a Declaration of Homestead under the provisions of California law, West’s Ann. Civil Code, §§ 1260, subd. 2, 1266 and 1267, declaring he was a single man re siding on the described premises and claimed them as a homestead.

On December 19,1956, he executed and recorded an Abandonment of said homestead.

On December 19, 1956, he then executed and recorded a Declaration of Homestead, declaring, “I, Lewis F. Blagg, do hereby declare that I am the head…