Johnson v. Agurs

Citations

• 116 La. 634
• 40 So. 923
• 1906 La. LEXIS 542

Syllabus

<p>1. Homestead—Sale—Stjbplus—Exemptions.</p> <p>Where a homestead is sold at a judicial sale for a debt as against which it is not exempt, and a surplus i-emains, the debtor may claim the amount of his exemption in such surplus to enable him to purchase another homestead.</p> <p>[Eld. Note.—For cases in point, see vol. 25, Cent. Dig. Homestead, § 110.]</p> <p>2. Same—Time to Claim.</p> <p>In such a case the debtor’s claim is that of owner, and his mortgage creditors are repelled by the homestead exemption; and the debtor’s action is timely, when brought before the sheriff or the purchaser at the judicial sale has paid out the surplus of the proceeds.</p> <p>[Ed. .Note.—For cases in point, see vol. 25, Cent. Dig. Homestead, § 364.]</p> <p>(Syllabus by the Court)</p>