Gilmer v. O'Neal
Supreme Court of Louisiana
I PPEAL from the Eighteenth Judicial District Court, parish of Bos-xjl sier. Turner, J. First — Laws in pari materia should be construed together in order to ascertain the meaning of the Legislature.
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I PPEAL from the Eighteenth Judicial District Court, parish of Bos-xjl sier. Turner, J. First — Laws in pari materia should be construed together in order to ascertain the meaning of the Legislature. R. C. C. 17 ; Succession of Herbert, 5 A. 121; Gayle vs. Williams, 7 L. 466; Rouamt vs. Hunt, 17 L. 407 ; Phelps vs. Riglitor, 9 R. 531. See, also, Dubreiul vs. Ronyan, N. S. 161; Gas Light Company vs. Nuttall, 19 L. 447 ; DeArmas’ Case, 10 M. 172; Bank of Louisiana vs. Parrar, 1 A. 54 ; Douglass vs. Craig, 2 A. 919. Second — The statutory homestead law of 1865, and the constitutional homestead…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
From the mass of facts and issues presented, we select the following as decisive of the case.
Gilmer, plaintiff herein, specially mortgaged to Hamilton & Co. his plantation, in Bossier parish, to secure a debt of $9974 11. This mortgage was executed on March 18,1872. At that date Gilmer was not living on this plantation, and had no homestead right therein. He subsequently established his residence there.
The debt and mortgage of Hamilton & Co. were duly assigned to Templeman, the defendant herein.
Thereafter, one Taylor, holder of a mortgage of…
2Cases cited1 opinion
- Orthodox StreetSupreme Court of Pennsylvania · 1895
3Cited by22 opinions
- Farley v. Frost-Johnson Lumber Co.Supreme Court of Louisiana · 1913
- Cloud v. CloudLouisiana Court of Appeal · 1961
- Cunningham v. SteidmanSupreme Court of Louisiana · 1913
- Prichard v. McCranieSupreme Court of Louisiana · 1926
- Andrews v. McCreary Lumber Co.Supreme Court of Louisiana · 1924
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