Kener v. La Grange Mills, 231 U.S. 215 (1913)

Kener v. La Grange Mills


No. 63


Argued November 13, 1913
Decided December 1, 1913
231 U.S. 215

ERROR TO THE SUPREME COURT
OF THE STATE OF GEORGIA

Syllabus

A state constitution cannot exempt property from exiting liens nor can Congress give such constitution greater effect, and so held that, under the Bankruptcy Act of 186, as amended by the Act of March 3, 1873, c. 235, 17 Stat. 577, a homestead in Georgia was not exempted from liens which had attached prior to the bankruptcy, notwithstanding provisions in the Georgia Constitution to that effect. Gunn v. Barry, 15 Wall. 610.

135 Ga. 730 affirmed.

The facts, which involve the construction of the Bankruptcy Act of 1867 as amended by the Act of 1873, are stated in the opinion.