Brannin v. Womble
Supreme Court of Louisiana
APPEAL from the Twelfth Judicial District Court, parish of Franklin. Smith, J. . First — That the act of mortgage bearing upon an incorporeal — an undivided interest in a plantation — bore upon a class of property not falling within the terms of the Homestead Act, and hence not subject to its provisions.
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APPEAL from the Twelfth Judicial District Court, parish of Franklin. Smith, J. . First — That the act of mortgage bearing upon an incorporeal — an undivided interest in a plantation — bore upon a class of property not falling within the terms of the Homestead Act, and hence not subject to its provisions. Second — That any change in the disposition or nature of the property mortgaged is inoperative as to us, and that we have the legal right to enforce the contract according to its terms. 14 An. 47. The value of the property sought to be exempted is far in excess of the limit fixed in the…
1Opinion of the Court
The opinion of the Court was delivered by Bermudez, C. J.
On Motion to Dismiss.
Plaintiff moves to dismiss the appeal herein on the following grounds:
1st. The order of appeal is defective, in not stating in whose favor it is granted.
2d. The appeal-bond is signed by J. A. Morris, one of the defendants, and the name of Emily A. Morris, the other defendant, does not appear, either in the bond or in the order of appeal.
3d. The appeal-bond is not signed by Emily A. Morris, the other defendant, or any one representing her.
4th. As Emily A. Morris is not appellant, she is appellee, and, as such, has no…
2Cases cited4 opinions
- Barker's EstateSupreme Court of Pennsylvania · 1894
- Lister's Agricultural Chemical Works v. PenderCourt of Appeals of Maryland · 1891
- Avis v. VinelandSupreme Court of New Jersey · 1893
- State v. BerrySupreme Court of New Jersey · 1894
3Cited by15 opinions
- Bank of Jeanerette v. StansburySupreme Court of Louisiana · 1903
- Acosta v. Whitney Nat. Bank of New OrleansSupreme Court of Louisiana · 1948
- Ellis v. J. Freyhan & Co.Supreme Court of Louisiana · 1909
- Gulfco Finance Co. of Natchitoches v. BrowderLouisiana Court of Appeal · 1986
- Adams v. McCoySupreme Court of Louisiana · 1916
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