Planters' Bank & Trust Co. v. Savant

On Motion to Dismiss.

ST. PAUL, J.

Defendant granted a mortgage to plaintiff on the MeCrory plantation on which he lived for $14,000. Thereafter defendant’s wife sued him for a separation of property, and defendant made her a dation in payment of said plantation in reimbursement of her claims against him.

Plaintiff then took foreclosure proceedings against said plantation to collect its mortgage. Whilst the plantation, which consisted -of 628 acres, was under seizure and being advertised for sale, defendant’s wife intervened in the proceedings and claimed homestead rights on the plantation to…