Washington v. Washington

On Rehearing

McCALEB, Justice.

The questions for decision herein arise out of the seizure of real property formerly belonging to a succession, under a writ of fieri facias in execution of a judgment obtained by plaintiff against the heirs of her former husband for the widow’s homestead provided by Article 3252 of the Civil Code. The facts of the case are fully stated in our original opinion and will be repeated here only to the extent necessary to bring the legal problems into focus.

Isaac Washington, Sr., died in 1953. He had been married twice and was survived by plaintiff, his second wife,…