Bank of Jeanerette v. Stansbury
Citations
- 110 La. 301
- 34 So. 452
- 1903 La. LEXIS 628
Syllabus
<p>HOMESTEAD-PROPERTY IN INDIVISION-MORTGAGE — OCCUPATION AS RESIDENCE-INTERVENTION — WAIVER.</p> <p>1. Property whilst held in indivisión cannot become affected by the homestead exemption. Nor can a mortgage affecting an undivided interest in such property be defeated by a subsequent partition thereof in kind.</p> <p>2. Under the present as under pre-existing laws, the debtor setting up the homestead exemption as against a creditor seeking to enforce a mortgage must show that he occupied the property as a residence, as well when the mortgage attached as when it was sought to be enforced.</p> <p>3. The intervention in an act of mortgage of the mortgagor’s wife, and her waiver of any rights that she may have, is not a waiver of the homestead by the husband, as contemplated by article 246 of the Constitution.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- evaluating the language of choice-of-law provision and finding that it was broad enough to cover contract-related tort claims that the plaintiff pled
- The doctrine of judicial estoppel “generally prevents a party from prevailing in one phase of a case on an argument and then relying on a contradictory argument to prevail in another phase.”
- “In determining the date of accrual, Maryland applies the ‘disovery rule.’” (citation omitted)
- “In the Fourth Circuit, courts may apply [contractual] choice of law provisions that are ‘sufficiently broad to encompass contract-related tort claims,’ ... to non-contract claims.” (quoting Hitachi Credit Am. Corp. v. Signet Bank, 166 F.3d 614, 628 (4th Cir. 1999))
Source: CourtListener parenthetical corpus (CC0).
Judges: Monroe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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