In re Barde

This is a petition to review an order of the court below setting aside to the individual bankrupt, Barde, as exempt from the claims of his creditors, certain premises occupied by himself and family as a dwelling place and claimed by him as a homestead, consisting of one city lot in the city of Portland, with the dwelling house thereon, of the ascertained value of $12,000. The controversy arises on the contention of the trustee that the award is in excess of the exemption to which the bankrupt is entitled under the homestead law of Oregon; and the question is purely one of law, dependent upon the construction of the act, the facts being in no respect in controversy.

[ 1 ] The sections of the act affecting the question are found in chapter 2, title 3, vol. 1, Lord’s Oregon Laws, and are as follows:

The contention of petitioner is, in substance, that in determining the •extent of the exemption granted the above sections are-all to be con.strued together, and that when so construed they limit the right of *717 homestead to premises ’wliicli shall in no instance exceed in value the sum of $1,500; that if they are found to exceed that limit of value they are to be cut down to the…