Hinton v. Roane

Citations

• 124 La. 927
• 50 So. 798
• 1909 La. LEXIS 566

Syllabus

<p>1. Time (§ 4*) — “Current Year” — Crops—Exemptions.</p> <p>The words “current year” in Code Prac. art. 645, exempting from seizure upon execution, apart from the land, corn, provisions, and other •supplies necessary for running the plantation to which they are attached for the current year, means from harvest to harvest, and not a calendar year.</p> <p>For other definitions, see Words and Phrases, vol. 2, pp. 1795, 1796.J '</p> <p>•2. Exemptions (§ 37*) — Property Subject-Crops — Crops in Ground.</p> <p>Code Prac. art. 645, exempting from seizure upon execution, apart from the land, corn, hay, etc., necessary to run the plantation to which they are attached for the current year, exempts the crop while it still hangs by the roots.</p> <p>'3. Exemptions (§ 37*) — Property Exempt-Crops — Crops ‘‘on the Farm.”</p> <p>The judgment debtor and his family lived •on land belonging to his wife and her coheirs in indivisión, and his sons cultivated the land under an agreement by which they received tlie surplus of the cotton after the supplies were paid ■for, and plaintiff received the other products for the support of the family. Held, that corn, hay, and cane raised on the land belonged to the debtor and were “on the farm” within the law, so as to exempt from seizure upon execution; the law not requiring that the farm belong to the person claiming the exemption.</p> <p>4. Exemptions (§ 37*) — Execution.</p> <p>Code Prac. art. 645, providing that the sheriff shall not seize corn, provisions, and other supplies necessary for running the plantation, merely prohibits seizure of the articles named therein separate from the land, so that sugar cane, raised to be converted into syrup for family use, may be seized upon execution.</p> <p>5. Exemptions (§ 76*) — Property Subject— Judgment — Effect of Privilege.</p> <p>The fact that the judgment creditor had a privilege on property sought to be seized under execution, because the debts for which the judgment was rendered were for ne