Fruge v. Fulton

Citations

• 120 La. 750
• 45 So. 595
• 1908 La. LEXIS 564

Syllabus

<p>1. Homestead — Registration — Homestead Law op 1865.</p> <p>Plaintiff, in so far as he claims that he acquired a homestead under Act No. 33, p. 52, of 1865, was not obliged to register his claims.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 25, Homestead, § 63.]</p> <p>2. Same — Waiver by Mortgage.</p> <p>The property was none the less susceptible to mortgage. Allen v. Carruth, 32 La. Ann. 444.</p> <p>3. Same — Title Devested by Sale.</p> <p>It was mortgaged, and the title passed from him to another person under foreclosure. The title acquired was legal and valid. Gilmer v. O’Neal, 32 La. Ann. 984.</p> <p>4. Same — Homestead Law under Constitution ob 1879.</p> <p>Plaintiff, to the extent that he claims that he acquired a homestead right under Const. 1879, art. 219, and Act No. 114, p. 140, of 1880, relative to homestead, is without right to a judgment reinstating him in the ownership of the property, by reason of the fact that he never registered his homestead claim, as required by the Constitution and that homestead act.</p> <p>5. Same — No Objection Urged to Sale ob Property.</p> <p>The property was transferred years ago in foreclosure proceedings without objection.</p> <p>6. Same — Total Silence.</p> <p>The homestead right must be timely urged in case of seizure before a foreclosure. If the person claiming the exemption under Act No. 33, p. 52, of 1805, remained silent and permitted the property to be sold, he was bound by the sale.</p> <p>Whatever right there was was lost. The plaintiff is absolutely without right to a homestead.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. voi. 25, Homestead, §§ 220, 344.]</p> <p>(Syllabus by the Court.)</p>