The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1877-11-24
The Law Of Homestead.

It has gradually become che
practice in nearly all the States
Of the Union to pass Statutes ex
empting property from seizure in
certain cases. Previous to tue
late diversity of sentiment, the
State of Louisiana possessed
some laws of that character, but
the tendency has been of late
years to enlarge the scape of eX-
emption;laws to such an extent,as
to render the principle, that the
property OF the debtor is the com
mon pledge OF his creditors, prac
tically OF but little effect. The
controlling and ostenSible motive
of this legislation has been to as
sist the debtor class. But it is OBJ
vious that the end proposed has
not been attained.
In this State, Which is peculiar
ly agricultural, the prodncln.
classes lave always needed. and
will ever continue to need the as
S%istance Of capital for the, tilling
and cultivation of the soil.
Conseq uently, the population
has naturally become divided in
to planters and commission mer-
chants. We must include under
the latter head, of course. net on
~ the merchants ofNpw Orleans
who make the business a special
ty, but also the country dealers
who make advances to the small
farmers ofthe supplies necessary
to the carryingon ofplanting ope
rations. In either case, the par
ty who furnishes the supplies se-
cures his money by taking a lien
on the growing crop and not un-
frequently by exacting a mort
gage on the land OF the customer.
On the one hand, the capital>
list wishes to invest his money in
such a way that he will be sure
OF Il return with a sufficient rate
of interest. On the other, Che
planter or land owner, is DESTROYS
of developing the resources of bis
land, but wants the necessary
means to buy the implements OF
husbandry, the provisions requir-
ed for the support of himself and
family until the gathering of his
crop, and the provide to outlay
for seed and labor. It. is clear
) that of the two classes, the latter
is the more dependent because
without credit to procure the he.
| cessary supplies, land must re
main untitled. Whereas, if the ca
| pitallst has no security for his in
vestment in lending to planters
he will be likely to seek a diffe.
f rent field for the employment of
his capital. Such being the case.
is it not clear that all Legislation
| having a tendency to render the
, investment of capital insecure.
{ must 0: necessity, react agains,
:, the producing or planter interest
The effect of our law Of home
r stead as construed by the tribu.
l nal Of last resort is simply this
That a man who takes a mort
f gage en- a homestead in order tC
secure himself for supplies to bt
advanced to the farmer, car
r never enforce it by legal means
that the mortgage is in fact nal
and VOID. Not Only .his. but the
: Supreme Conrt goes so far as tt
+, lay down the broad proposition
l that the mortgageor Can sell The
2 property mortgaged, and tha,
the purchaser takes tie property
3 free from any incnm biance, The
coroliary was easily deduced
!, that as no mortgage could he
created on the homestead, the
property could not levied upon
even after the conditions ceased
to operate.
t There was a dissenting opinion
to the construction adopted by
the majority of the court, in
which it was commended that the
law of homestead being in dero.
t CATION OF common right should
not be extended by Implication
, That the exemption SHOULD ONLY