Banahan v. Hughes

The defendants have appealed from a judgment annulling a sale of the plaintiff’s homestead.

Plaintiff’s husband, Frank O. Banahan, mortgaged the homestead to one Doll to secure a loan of $1,000. Mrs. Banahan was not a party to the transaction and there was no waiver of the homestead exemption. Doll foreclosed his mortgage by executory proceedings, and the homestead was seized and sold to Carl Svarva for $1,400, at public auction. Thereafter, Banahan and his wife, before they were dispossessed of the homestead, sued to annul the sale, claiming the exemption under article 245 of the Constitution…