Richard v. Moore

Citations

• 110 La. 435
• 34 So. 593
• 1903 La. LEXIS 649

Syllabus

<p>HOMESTEAD — DEATH OF HUSBAND — RIGHTS OF WIDOW — COMMUNITY PROPERTY.</p> <p>1. The homesteader had not been in possession of the property five years at the date of his death.</p> <p>2. His widow, after her husband’s death, remained in possession until the five years had elapsed.</p> <p>3. At the end of that time she perfected the homestead entry in her. name, and obtained the patent to the land.</p> <p>4. The property became hers by the patent, and did not fall into the community, which was dissolved at the date of the husband’s death.</p> <p>5. The community could not acquire the title, because the property still remained in the government until final proof.</p> <p>6. When title was acquired, the community had been dissolved, and it, under the plain language of the United States statutes, then became the widow’s property.</p> <p>(Syllabus by the Court.)</p>