Harrelson v. Webb

Citations

• 124 La. 1007
• 50 So. 833
• 1909 La. LEXIS 582

Syllabus

<p>1.Action by Trustee in Bankruptcy.</p> <p>Plaintiff sued defendant, the trustee in bankruptcy of a partnership, of which defendant was a member, and also of the individual members, for $2,000, part of the purchase price of property sold in the bankruptcy proceedings, on which plaintiff claims a homestead right. The suit was brought in the state court by agreement.</p> <p>2. Homestead (§ 141*) — Death of Husband— Rights of Wife — “Head of the Family.”</p> <p>After the death of the husband, the mother is the “head of the family,” and, if the husband had a homestead, it passes to his wife, as the widow may be the head of the family. Cyc. vol. 21, p. 466.</p> <p>For other definitions, see Words and Phrases, vol. 4, pp. 3225-3233; vol. 8, p. 7677.]</p> <p>3. Homestead (§ 147*) — Death of Husband— Marriage of Widow — Effect.</p> <p>The widow does not lose her homestead by marrying an impecunious man, barely able to-earn his own livelihood, fof there may be more necessity than ever for a homestead. Nor doe-r this second marriage destroy the rights of the decedent’s family in his homestead. 21 Cyc. 560-</p> <p>4. Homestead (§ 183*) — Condition of Debt- or.</p> <p>The condition of the debtor, upon which the claim of homestead is based, is considered as of the date of the seizure, or the date when the claim is made. Garner v. Freeman, 118; La. 186, 42 South. 767, 118 Am. St. Rep. 361.</p> <p>5. Homestead (§ 143*) — Property Held in Indivisión — Rights of Widow and Children.</p> <p>The homestead right is not affected by the-fact that the property- is held in indivisión, and the widow in community, the head of the family, may be the homesteader of the fractional part which belonged to her husband, and the proceeds of the sale of this fractional part are owned by the mother and children, and are to. be administered and disposed of as any other-property owned by the mother and children. 21 Cyc. 566.</p> <p>6. Bankruptcy (§§ 32, 399*) — Exemptions— Amendment of Schedules.</p> <