Allen, Nugent & Co. v. Carruth
Supreme Court of Louisiana
A PPEAL from the Pifth Judicial District Court, parish of East Baton Rouge. McVea, J. A person who, in obtaining a loan of money, mortgages his property to secure tne payment of the debt, and renounces his right of homestead upon the same property, is estopped from afterward claiming said homestead. Dissenting opinion of Chief Justice Manning, in Hardin vs. Wolf & Cerf, 29 An. 333 ; 29 An. 64. J. & Gr.
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A PPEAL from the Pifth Judicial District Court, parish of East Baton Rouge. McVea, J. A person who, in obtaining a loan of money, mortgages his property to secure tne payment of the debt, and renounces his right of homestead upon the same property, is estopped from afterward claiming said homestead. Dissenting opinion of Chief Justice Manning, in Hardin vs. Wolf & Cerf, 29 An. 333 ; 29 An. 64. J. & Gr. W. Burgess and McG-loin & Nixon for defendant and appellee: 'The law creating the right of homestead is based upon reasons of public policy, and the exemption cannot be waived in any case. The…
1Opinion of the Court
The opinion of the court was delivered by
White, J.
'A majority of this court, two dissenting, held in Hardin vs. *445Wolf, 29 A. 333, that the benefits of the homestead act of 1865 could not,, as a matter of public policy, be waived ; and that hence, a debtor who in consenting a mortgage had expressly waived the benefits of the homestead, could recover the homestead as against the mortgage creditor. This case presents the identical question, and we are urged to re-examine it. The opinion in Hardin vs. Wolf was prepared by one now, alas! lending no longer the aid of his mature judgment and ripe…
2Cited by6 opinions
- Pecararo v. GroverLouisiana Court of Appeal · 1927
- Fruge v. FultonSupreme Court of Louisiana · 1908
- Godchaux Sugars, Inc. v. OckmanLouisiana Court of Appeal · 1953
- Kay v. FurlowSupreme Court of Louisiana · 1933
- Provost v. HarrisonSupreme Court of Louisiana · 1944
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