Soulier v. Benker

The opiniou of the Court was delivered by

Manning, J.

This is a claim of homestead against .a mortgage creditor.

The plaintiff Soulier and one Wolff became the joint owners of a tract of land in Pointe Coupée by purchase at a sheriff’s sale. They never separated their interests but held it in indivisión, and in 1873 mortgaged it to P. S. Wilts? to secure a loan of $1,150.

In January 1876 Judge DeBlauc acquired this note by transfer from Wiltz, and in May following Wolff sold his undivided-half of the land to Soulier, the price being Soulier’s assumption of the payment of the entire mortgage-note…