Legal Opinion

Garnier v. Joffrion

Supreme Court of Louisiana

Decided July 15, 1887No. 1293PublishedCited by 2 opinions

APPEAL from the Twelfth District Court, Parish of Avoyelles. Overton, J. 1st. The right to a homestead under obligations existing prior to the Constitution of 1879 must he discussed under the law of 1885. 35 Ann. 927. affirming cases 34 Ann. 331 and 32 Ann. 980 5 but the concurrence of facts necessary to a homestead must co exist at the time of the seizure. 33 Ann. 242; 35 Ann. 322; act Constitution, 219. 2d.

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APPEAL from the Twelfth District Court, Parish of Avoyelles. Overton, J. 1st. The right to a homestead under obligations existing prior to the Constitution of 1879 must he discussed under the law of 1885. 35 Ann. 927. affirming cases 34 Ann. 331 and 32 Ann. 980 5 but the concurrence of facts necessary to a homestead must co exist at the time of the seizure. 33 Ann. 242; 35 Ann. 322; act Constitution, 219. 2d. The cases reported in 26 Ann. 156; 28 Ann. 355 and 608, not applicable to the case at bai, Marcotte vs. Messiek, Manning’s unreported case*, p. 43. Luoques1 Digest, from p. 300 to 302.…

1Opinion of the Court

The opinion of the court was delivered by

Watkins, J.

Plaintiff seeks to restrain, by injunction, a sale, under execution, of a certain tract of land he claims as his homestead. The writ issued under a judgment in a suit entitled S. Cambon & Co. vs. Victor Garnier, the plaintiff herein.

The debt evidenced by the judgment was one of the community previously existing between plaintiff and his deceased wife, Elizabeth Fouquier. It was contracted in 1871, and she died in 1879. Of her succession her surviving husband qualified as administrator; and one-half interest in the land constituted an asset…

2Cited by2 opinions

  1. Garner v. FreemanSupreme Court of Louisiana · 1907
  2. Bank of Jeanerette v. StansburySupreme Court of Louisiana · 1903

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