Burch v. Mouton

The opinion of the Court was delivered by

Fenner, J.

Plaintiff enjoins the seizure under execution of property belonging to Mm and duly set apart as Ms homestead.

*726There is no dispute that the case presents every feature of a valid homestead, except that, at the time of seizure, the property was not actually “occupied” by the debtor.

The evidence is clear and uncontradicted that the property constituted the home Of the plaintiff; that, being in ill health and acting under the advice of his physician, he concluded to try a change of residence during the summer months; that for'this purpose he took…