In re Yungbluth
Opinion
lead Opinion
Ross, J.
The judgment of the court below confirmed the order of the referee in bankruptcy, which sustained the claim of the bankrupt to lots 13, 14, 15, and 16, block 15, of Hamilton Townsite Company’s Second addition to the town of Plamilton, Skagit county, Wash., as a homestead, and as exempt under the laws of the state of Washington, and set aside that property to the bankrupt as so exempted, but, based upon his finding of fact to the effect that the lots of land covered by the homestead were to the extent of $500 paid for by money borrowed from the copartnership mentioned, and evidenced by his promissory note, which the referee found was a fraud upon the creditors of the copartnership, undertook, by his order sustaining the exemption, to impose upon the homestead property the amount due upon the promissory note referred to, including interest thereon, which amount should be an—
The order of the referee having been, as above said, confirmed by the court, such is the effect of the judgment complained of. No complaint being made on the part of the estate of the bankrupt, or of any of its creditors, of the judgment of the court below, the question whether the exemption claimed should have…