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· 11/15/1901

Maxwell v. Roach

Citations

  • 106 La. 123

Syllabus

<p>Syllabus.</p> <p>1. Under the Constitution of 1879, it was incompetent for the owner of a homestead to convey the same to his creditor, either to secure, or to pay, an ante cedent debt. And where it appears that such a conveyance, of such property, in the form of a sale with a right of redemption, for cash, was mainly intended to secure, and, ultimately, and in case of forfeiture of such right, to pay, such debt, the transaction will be set aside.</p> <p>2. The provision of said Constitution, denouncing as invalid any renunciation or waiver of homestead rights or exemptions, was a rule of public order, and where it appears that, as to its principal consideration, a contract has been entered into in violation of such rule, the contract will not be saved by a valid consideration of minor importance.</p>

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Judges: Blanch, Blanchard, Monroe

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