Milliken v. Roger
Supreme Court of Louisiana
Appeal from Twenty-Seventh Judicial District Court, Parish of Assumption; Charles T. Wortham, Judge. Proceeding by Milliken & Farwell to foreclose a mortgage against S. E. Roger, with third oppositions by defendant, and by M. E. Roger, Clay Roger, and William H. Jeffries. From a judgment sustaining the oppositions of defendant and Jeffries, plaintiffs appeal; M. E. Roger and Clay Roger also appealing from the sustaining of Jeffries’ opposition.
1Opinion of the CourtProvosty, J.
[1] In this case, a sugar plantation having been seized and sold in foreclosure of a mortgage, the mortgage debtor claims, by way of intervention and third opposition, $2,000 out of the price of the sale as a homestead by reason of his having a daughter dependent upon him for support.
His wife was living at the time the mortgage was given; and this property belonged to the community of acquets and gains existing between them. At the time the seizure was made, however, she had died, and the property belonged in indivisión to her heirs and opponent.
Plaintiffs invoke the principle that the…
2Cases cited5 opinions
- Swoop v. St. MartinSupreme Court of Louisiana · 1903
- Maxwell v. RoachSupreme Court of Louisiana · 1901
- Harrelson v. WebbSupreme Court of Louisiana · 1909
- Dunlap v. BerthelotSupreme Court of Louisiana · 1908
- Mobile Light & Railway Co. v. HartwellSupreme Court of Alabama · 1909
3Cited by12 opinions
- McNamara v. Electrode Corp.Louisiana Court of Appeal · 1982
- Hassberger v. General Builders' Supply Co.Michigan Supreme Court · 1921
- Succession of BurnsSupreme Court of Louisiana · 1942
- Caldwell v. Laurel Grove Co.Supreme Court of Louisiana · 1932
- Cristina Inv. Corporation v. Gulf Ice Co.Louisiana Court of Appeal · 1951
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