Thomas v. Guilbeau
Supreme Court of Louisiana
APPEAL from the Twenty-first District Court, Parish of St. Martin. JPontelieu, J. 1. Homestead rights arising trader prior laws are unaffected by the Constitution of 1879, and must be construed as if that Constitution had never been adopted. Const.
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APPEAL from the Twenty-first District Court, Parish of St. Martin. JPontelieu, J. 1. Homestead rights arising trader prior laws are unaffected by the Constitution of 1879, and must be construed as if that Constitution had never been adopted. Const. Art. 220. Mills vs. Sheriff, 25 An. 336; Roupe vs. Caradine, 20 An. 244; Gilmer vs. O'Neal, 32 An. 980; Poole vs. Cooke, 34 An. 331. 2. A debtor by judgment concluded on a moitgage debt created and contracted in 1877, having a wife and three children actually dependent on him for support, is entitled to the homestead and exemptions provided by law…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
This ease involves a homestead exemption which plaintiff claims out of the seizure of his property in execution of a judgment rendered against him in favor of the Hope Insurance Company of New Orleans.
The judgment, which was rendered in May, 1880, recognized and enforced a mortgage granted by the plaintiff in June, 1877, which affected his farm containing about one thousand acres of laud, together with the improvements and other appurtenances thereto belonging. Plaintiff enjoined the sale of a portion of the farm, on which his house of…
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