Legal Opinion

Crain v. Magee

Supreme Court of Louisiana

Decided March 3, 1913No. 19,228PublishedCited by 2 opinions

Appeal from Twenty-Sixth Judicial District Court, Parish of Washington; Thos. M. Burns, Judge. Action by Louis Crain against Joe N. Magee, Sheriff, and others. From a judgment for plaintiff, defendants appeal.

1Opinion of the Court

BREAUX, O. J.

The issues relate to property claimed by plaintiff under the homestead law.

Plaintiff avers that the property has been seized and advertised for sale, and that an injunction is necessary to protect his rights. He asks that the property be decreed exempt from seizure.

Plaintiff is the head of a family, resides upon the land, has no other home, and the property is worth less than $2,000.

In every respect, his demand is within the provisions of the homestead law, except in one particular; that is, the date of his indebtedness to defendant, his creditor, who has a judgment which he…

2Cases cited3 opinions

  1. Edwards v. KearzeySupreme Court of the United States · 1878
  2. Gunn v. BarrySupreme Court of the United States · 1873
  3. Blouin v. LedetSupreme Court of Louisiana · 1903

3Cited by2 opinions

  1. American Finance Corp. of Coushatta, Inc. v. SmallLouisiana Court of Appeal · 1971
  2. Herbert B. Finn, as Trustee in Bankruptcy of the Estate of Richard M. Aldridge, Etc. v. Joseph D. GilbertCourt of Appeals for the Ninth Circuit · 1962

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