Woods v. Perkins
Supreme Court of Louisiana
APPEAL from the Fifteenth District Court, Parish of West Feliciana. Semple, J. _A surviving husband is entitled to the benefit of homestead in a tract of land which belonged to the community, if all the conditions as to value, residence, dependent family, etc., exist.
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APPEAL from the Fifteenth District Court, Parish of West Feliciana. Semple, J. _A surviving husband is entitled to the benefit of homestead in a tract of land which belonged to the community, if all the conditions as to value, residence, dependent family, etc., exist. Marcotte vs. Messick, sheriff, et al., Manning’s Unreported Cases, page 42; Gamier vs. Sheriff et al., 39 An. 886; Constitution, Arts. 219, 220; Acts 1880, No. 114. Minor sons, aged fifteen and seventeen years, who are clothed and fed by their father, are dependent under the law. DeCuir vs. Beuker, sheriff, 33 An. 320; B. O. C.…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
The plaintiff is the owner of a homestead by virtue of a declaration recorded in accordance with the Constitution of the State and Act No. 114 of 1880.
■ The defendant, a judgment creditor of the plaintiff, caused an execution to issue on his judgment and seized the homestead to satisfy the same. The plaintiff enjoined the seizure and sale of the homestead.
The plaintiff lives on the homestead and has a large family. All are of age and self-supporting, except two boys, one about eighteen years of age and the other between sixteen and seventeen.
2Cited by6 opinions
- State v. DvoracekSupreme Court of Iowa · 1908
- Supreme Council Catholic Benevolent Legion v. GroveIndiana Supreme Court · 1911
- Garner v. FreemanSupreme Court of Louisiana · 1907
- Deshotels v. LafleurSupreme Court of Louisiana · 1914
- In re BordelonDistrict Court, W.D. Louisiana · 1924
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