48 mnmmn amronrsn.
' partner a homestead exemption out of the partnership property ot an
insolvent firm. Let me premise that there was no separation of the
property of the Erm of McGruder & Condon for the purpose of the
homestead exemptions before their deed was executed. The two men
did not each select from the property enumerated in Schedule A. the
articles which he intend ed to appropriate as his exemption, and, oy
separation, make it his separate property before setting it apart.
They did nothing to put an end to its character as firm property. It
was out of firm property, as such, that they reserved their exemp-
tions. Nay, it was out of tl1e proceeds of the sale of Erm property,
when it should be sold cs such, that they made the reservation. There
was no separation. The exemption was provided for out of the sales
of the property as firm property so described. The property remains
to this day in the custody of the trustee as firm property. It is as
firm property that the goods have come into the custody of the court.
It is as firm property that we are now dealing with it. There has
been no separation. This much premised, let us look into the law of
Virginia relating to homesteads. The state constitution (section 1,
art. 11) gives the homestead exemption to the householder or head of
family "out of his real or personal property, or either, including money
and debts due him." The statute law of the state (Code, c. 183, § 1)
repeats the language of the constitution, and gives the exemption to
the householder, etc., out of "his real or personal property, or either,
including money and debts due him.” The statute contains sundry
other provisions in regard to real estate which do not apply to the
present suit. After these it goes on to provide for cases in which ex-
emptions of real estate have not been claimed, in whole or in part,
and provides, in section 11, that in such cases the householder, etc.,
may select, set apart, and hold, exempt from levy, etc., so much of
his personal property, including money, etc., as will not exceed in
value $2,000, and requires that "he shall, in writing, designate the
personal property so selected by him, and each article thereof] affix-
ing thereto hiscash valuation of each article, and shall return such
writing to the clerk of the county court wherein he resides, to be re-
corded," etc. And section 16 of the same chapter provides that every
householder, etc., who shall have failed to select and set apart a home-
stead and personal property as aforesaid, and who desires to avail
himself of the benefit of the exemptions provided for in this act, etc.,
l must hle an inventory, under oath, in the court where the judgment,
etc., is obtained, of the whole of the real and personal property owned
by him, etc. And section 17 provides that upon such invento1·y, etc.,
‘ being completed, the said householder, etc., may select from such in-
ventory an amount of such property (that is to say, property owned
by him) not exceeding the value of $2,000, etc.
I cite these p_rovisions for the purpose of showing that the home-
stead law of Virginia gives to the individual householder or head of
family an exemption out of his own individual property, and out of