Demartin

This is an appeal from an order setting apart a homestead to an insolvent debtor.

The facts are these: On the twenty-second day of October, 1887, Louis Demartin filed his petition in insolvency, and on the same day he was adjudged to he an insolvent debtor, and - a time was appointed for his creditors to meet and prove their debts and choose an assignee of his estate. Annexed to the petition were the requisite schedules and inventory, in which a portion of the real property was described as petitioner’s homestead, and the value thereof was placed at five thousand *73 dollars. On the 5th of November, following, he presented to the court another petition, asking to have the property described as a homestead set apart as such for his use and benefit. This petition stated that the petitioner had executed, acknowledged, and filed for record a declaration of homestead, in proper form, on the premises which he asked to have set apart, and that at the time of so doing he was and ever since had been residing thereon with his family, and that the same did not exceed in value the Sum of five thousand dollars.

On the 7th of November the attorney for two of the creditors of the insolvent…