Varnado v. W. B. Thompson & Co.
Supreme Court of Louisiana
Appeal from Twenty-Sixth Judicial District Court, Parish of Washington; Thomas M. Burns, Judge. Action by D1. D. Varnado and wife against W. B. Thompson & Co. and others. Judgment for defendants, and plaintiffs appeal.
1Opinion of the CourtSommerville, J.
Plaintiff, D. D. Varnado, issued to defendants a demand note for $1,500, secured by mortgage on his home, in Washington parish. He and Mrs. Varnado waived their homestead rights in the act of mortgage in favor of all future holders of the note. The note thus secured was intended to be used as collateral security.
The note has not been paid, and plaintiffs are here seeking to enjoin executory process thereon, issued at the instance of defendants, on the grounds that the debt for which the note was given as security has been paid; and that the waiver of the right of homestead in the act of…
2Cases cited2 opinions
- Pepper v. DunlapSupreme Court of Louisiana · 1840
- Walton & Kemp v. LizardiSupreme Court of Louisiana · 1840
3Cited by7 opinions
- Rex Finance Company v. CaryLouisiana Court of Appeal · 1963
- Reconstruction Finance Corporation v. ThomsonSupreme Court of Louisiana · 1936
- Farmers' Nat. Bank v. Belle Alliance Co.Supreme Court of Louisiana · 1917
- Barnard v. BarnardLouisiana Court of Appeal · 1980
- Industrial Loan Co. of Monroe, Inc. v. HendricksSupreme Court of Louisiana · 1934
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