Clausen v. Sanders

Citations

• 109 La. 996
• 34 So. 53
• 1903 La. LEXIS 460

Syllabus

<p>HOMESTEAD — OCCUPANCY—LEASED LAND.</p> <p>1. Occupancy as a residence is one of the conditions essential to sustain a right of homestead.</p> <p>2. If a person cuts off part of his lot from the premises on which he has his dwelling house, and leases it, he loses his right of homestead to that portion leased.</p> <p>3. Plaintiff owned three houses. lie resided in one, and he leased the others. He retained the homestead to that part of the land only on which the house in which he resides is situated.</p> <p>4. He cannot successfully claim the leased property as part of the homestead, as it is not the occupancy intended by the following language of the Constitution: The homestead “owned by the debtor and occupied by him.”</p> <p>(Syllabus by the Court.)</p>