Lamar Life Insurance v. Babin

McCALEB, Justice.

This case involves the right of a conventional mortgagee, under an act of mortgage containing a homestead waiver, to assert the homestead claim in his own behalf and be paid from the proceeds of the sale of the mortgaged property, in preference to prior judicial mortgages, out of the amount which would have been reserved as the homestead of the judgment debtor had he appeared and established that the property sold under executory process was his homestead.

The facts are these: The property of the defendants, Mark P. Babin and Mrs. Ethel Porche Babin, was sold by executory…