The semi-weekly Republican. (St. Francisville, La.) 1872-1872, 1872-03-15

Grating facts, 1 am satisfied that
there is no force in the objection.
It is also contended by defendants
Counsel that the personal property,
now claimed by plaintiff under the
Homestead Act, is not his-that he
sold it to Mann & Fisher on 10Th
January 1871. And that sale has
never been revoked, and they only
can complain.
This position does not seem to be
supported by the facts. 1t is true
the sale was made Or attempted to
be made, as charged, and ON the
the very next day Mann & Fisher
attempted to sell the same property
to Wiley Jones. Both of these trans
actions seem to have been entirely
defeated by the process Of attach
ment sued out in suit No. 1885, at
that very time and before any deliv-
cry had been made. Jones inter-
yencd in that attachment suit and
claimed the property by virtue Of his
transaction with Mann & Fisher.
Mitchell in his answer to that in
tervention specially put at issue the
validity Of their several transactions
and the ownership Of the proper
ty. On these issues alone, the inter-
yention was tried, and judgment rem
dered against the pretonsions Of the
intervenor. In fact, the sole object
Of the attachment sued out by Mitch
ell against Taylor, vas to present
the assignment Of this property
Every allegation 1na'le by Mitchell
in his petition for this attachment,
and supported by his affidavit, is
made with the Wow Of having ali
this property declared to be tho
property Of Taylor, and made relia-
bic for his debt. And every act OF
Mitchell, from the day he sued out
this attachment, to the present time,
has been a judicial recognition Of
Taylor's ownership Of this property.
The Judgment in that case does not,
u, totldem ce,'bis, revoke said sales,
but virtually and really it does So
It's whole spirit, intention and effect
is to avoid them as having been
made to the prejudice Of Mitchell,
and i'll fraud Of his rights. 1t would
have been q judicial ubsr1rdity for
the Court to have recognized the va
lidity Of the sale from Taylor to
Mann Il Fisher, and from them to
Jones, and in tho same breath to
have ordered the property to be sold
to pay Taylor's debts--espeeial!y as
it was not subject to any privilege
other than that Of all attaching cred
itor. Tie legitimate result OF the
litigation under the process Of attach
mont in suit No. 1856 was to rc-in-
state the property in tho possession
and ownership Of Nelson Taylor.
1t is urged in argument that the
act Of ed Dec, 1866, was intended
to protect only those who had an
actual Homestead, and that tho plain
tiff being only lessee of real estate,
was excluded from any Of the bene-
fits Of that act. 7 90 not SO read the
statnte-all laws are general in their
application and are intended to ben
eft all citizens equally. They recog-
nize no castles or classes, but protect
the rich and the poor alike. There
are laws, however. that are humane
in their object and purpose, and
would seem to be intended for the
special benefit Of the unfortunate
and the poor-their apparent ex-
claimances, however, resulting more
from the condition Of certain classes
of citizens, who have no occasion to
avail themselves of them, rather than
from any intended restriction in their
application. regard the Bankrupt
nna Tho Horaoatoad Laws Of +la;e
class.
The Bankrupt Laws are intended
to relieve the unfortunate from en-
barrassments-resulting from unsuc-
cessful operations in the past. The
object Of the Homestead Law is