First Nat. Bank v. Brooks

Certain lots and improvements situated in the city of Crowley were sold in foreclosure of a conventional mortgage and brought in by the plaintiff bank as the seizing creditor for $2,700.

The defendant did not enjoin the sale, but filed an opposition before the sale, claiming to be paid out of the proceeds of the sale the sum of $2,000 as an exemption guaranteed to him by the Constitution.

The trial judge maintained the homestead claim, and the bank appeals.

The evidence shows, and, indeed, it is not denied, that at the time the mortgage was executed the defendant was the bona fide owner and…