Babineau v. Guilbeau

Citations

• 52 La. Ann. 992

Syllabus

<p>Syllabus.</p> <p>Where a judgment creditor institutes an action against a husband and wife to have a üation en paiement set aside as simulated and fraudulent, and prays to have the property covered by the same, seized and sold to pay his judgment, it is the duty of the parties, if the property is exempt from seizure and sale under the homestead laws, to set up contingently and in the alternative that right of exemption in the pending suit.</p> <p>They should not allow judgment to go against them setting the elation aside and ordering the sale of the property; for, should they do so, they would be cut off from the defense by the judgment.</p>