People's Independent Rice Mill Co. v. Benoit

Citations

• 117 La. 999
• 42 So. 480
• 1906 La. LEXIS 809

Syllabus

<p>1. Courts — Supreme Court — Jurisdiction.</p> <p>The Supreme Court has jurisdiction of all suits “involving homestead exemptions,” whether the issues be raised by the debtor or by Ms creditors.</p> <p>2. Homestead — Waiver.</p> <p>The debtor waives his homestead by removing with his family to another state, and as soon as the exemption ceases a creditor holding a special mortgage may foreclose.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 25, Homestead, § 36.]</p> <p>3. Mechanics’ Liens — Homesteap.</p> <p>The lien of the materialman does not extend to the homestead as a whole, but is restricted to the building constructed or repaired and the lot, not exceeding one acre, on which the structure stands.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Mechanics’ Liens, § 16; Cent. Dig. vol. 25, Homestead, § 155.]</p> <p>4. Execution — Sale—Sufficiency oe Bid-Prior Liens.</p> <p>Where the materialman elects to seize and sell under execution a homestead embracing 20 acres of land, the sale will be null if the price of adjudication is less than the amount of a special mortgage covering the whole property. Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>