Legal Opinion

Abbott v. Heald

Supreme Court of Louisiana

Decided April 10, 1911No. 18,022PublishedCited by 15 opinions

Appeal from Fifteenth Judicial District Court, Parish of Calcasieu; Winston Over-ton, Judge. Action by William P. Abbott against H. E. Heald, in which the United Irrigation & Rice Milling Company filed an intervention and third opposition. ' Judgment for intervener, and plaintiff appeals.

1Opinion of the CourtLand, J.

Plaintiff sued out executory process on a mortgage for $3,000, executed by the defendant. The latter enjoined the execution on the ground of partial payments not credited on the mortgage note. Defendant subsequently dismissed tbe injunction suit, and filed a third opposition, claiming as a homestead $2,000 out of the proceeds of the sale of the property. The United Irrigation & Rice Milling Company also filed an intervention and third opposition, claiming $2,000 of the proceeds by virtue of a special mortgage executed by tbe defendant, in February, 1907, with a waiver of homestead rights by…

2Cases cited4 opinions

  1. Glenn v. BresnanSupreme Court of Louisiana · 1909
  2. Johnson v. AgursSupreme Court of Louisiana · 1906
  3. Lear v. HeffnerSupreme Court of Louisiana · 1876
  4. Dickson v. HynesSupreme Court of Louisiana · 1884

3Cited by15 opinions

  1. Coleman v. Continental Bank & Trust Co.Supreme Court of Louisiana · 1916
  2. Ridgell v. StateAlabama Court of Appeals · 1911
  3. Timken v. Wisner Estates, Inc.Supreme Court of Louisiana · 1923
  4. Reymond v. Louisiana Trust & Savings BankSupreme Court of Louisiana · 1933
  5. Hardesty v. WarnerSupreme Court of Louisiana · 1912

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