Banahan v. Haynes

The facts leading up to this litigation are briefly and correctly stated in the opinion of this court in Banahan v. Hughes. Sheriff, et al., 158 La. 648, 104 So. 486. Eor convenience, the statement is reproduced here, viz.:

“The defendants have appealed from a-judgment annulling a sale of the plaintiff’s homestead.

“Plaintiff’s husband, Frank C. Banahan, mortgaged. the homestead to one Doll to secure a loan of $1,000. Mrs. Banahan was not a party to the transaction and there was no waiver of the homestead exemption. Doll foreclosed his mortgage by executory proceedings, and the homestead was…