Taylor v. Saloy
Supreme Court of Louisiana
A PPEAL from the Twenty-fourth District Court, Parish of Plaque- : \. mines. Monroe, judge ad hoc. •Act 52 of 1865 (B. S. sec. 1691) created homestead exemptions in Louisiana. -Articles 219, 220, of the Constitution of 1879, did not repeal, but extended the provisions of this law. 34 Ann. 339. Neither has, nor can, the Legislature modify said law regulating rights to homesteads existing before the adoption of the Constitution, or enlarge the remedy on judgments arising from…
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A PPEAL from the Twenty-fourth District Court, Parish of Plaque- : \. mines. Monroe, judge ad hoc. •Act 52 of 1865 (B. S. sec. 1691) created homestead exemptions in Louisiana. -Articles 219, 220, of the Constitution of 1879, did not repeal, but extended the provisions of this law. 34 Ann. 339. Neither has, nor can, the Legislature modify said law regulating rights to homesteads existing before the adoption of the Constitution, or enlarge the remedy on judgments arising from debts contracted prior to that time. Art. 220, Const. 1879. The right to the homestead is a matter of public policy, not…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This case is submitted upon au agreed statement of facts aud ou questions of law arising thereupon, which are also formulated in the agreement.
The facts are briefly as follows:
Saloy is the holder of a judgment against Taylor, rendered and recorded in 1877.
Taylor inherited certain real estate from Julia Lampton, who died in May, 1881, and was recognized and put in possession thereof by order of court in July, 1881.
He has a wife and eight children, and has occupied the property as a home since March, 1881.
He declared and registered the property…
2Cited by4 opinions
- In re BonvillainDistrict Court, E.D. Louisiana · 1916
- Ellis v. J. Freyhan & Co.Supreme Court of Louisiana · 1909
- Coltharp v. WestSupreme Court of Louisiana · 1910
- Percy v. EwingSupreme Court of Louisiana · 1915