Breneman

September 21, 1921, Breneman was adjudged a bankrupt by the court below, and his petition therefor and schedules were duly referred by the court to its referee in bankruptcy. In the latter the bankrupt claimed as a homestead a certain described plot of land aggregating about 22% acres, by reason of having lived and occupied it as his home since the year 1914; thereafter the respondent, Corrigan, was elected trustee of the bankrupt’s estate and qualified as such. The trustee rejected the claim, and thereupon the bankrupt filed with the referee a verified petition, setting forth that he maintained his home and residence upon the property ever' since and long before the filing of the petition in bankruptcy, and prayed that it might be set aside to him as exempt.

The trustee answered the bankrupt’s petition for exemption, alleging that- the properly was not used as a homestead by him, that it was of greater value than allowed by the statutes of Oregon as exempt1 property, that the bankrupt had failed to claim it as exempt in a suit brought in a court of the state, that the bankrupt had failed to account to the trustee for the rents and income of the property, and also sotting forth…