Martin v. Walker
Supreme Court of Louisiana
APPEAL from the First District Court, Parish of Caddo. Taylor, J. 1. The foundation of public policy is common honesty. “ Tlio fallacy lies in siijj' posing the property to be that of the family.” The property of a debtor is the common pledge of all Iiis creditors. Nugent vs. Caruth, 32 An. Hi. 2. The words in any event can receive not greater force than the word permanent, and to construe these words to mean forever would bo void on the ground of public policy.
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APPEAL from the First District Court, Parish of Caddo. Taylor, J. 1. The foundation of public policy is common honesty. “ Tlio fallacy lies in siijj' posing the property to be that of the family.” The property of a debtor is the common pledge of all Iiis creditors. Nugent vs. Caruth, 32 An. Hi. 2. The words in any event can receive not greater force than the word permanent, and to construe these words to mean forever would bo void on the ground of public policy. Supreme Court Reporter, U. S., Vol. 10, p. S16. 3. Homestead laws are inoperative against prior debts, because such exemptions .…
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
Plaintiff is the holder of a judgment against defendant, E. O. Walker, rendered and recorded as a judicial mortgage in 1885.
In 1889 plaintiff issued a fi. fa. on his judgment, under which a tract of land belonging to Walker was seized.
Walker thereupon brought an injunction suit to restrain the sale, averring in his petition that he ichad acquired the property by *1021homestead entry under the laws of Louisiana, as shown by his patent; that said land is now owned and occupied by him in good faith as a homestead, and he has a family, and has…
2Cited by6 opinions
- Brantley v. PruittSupreme Court of Louisiana · 1932
- Campbell v. GulloSupreme Court of Louisiana · 1918
- Bank of Jeanerette v. StansburySupreme Court of Louisiana · 1903
- Prudential Ins. Co. of America v. GuillorySupreme Court of Louisiana · 1932
- Perrin v. Crescent City Stockyard & Slaughterhouse Co.Supreme Court of Louisiana · 1907
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