The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1883-09-08

Interpreted o. osr Circuit Court,

never dld . Court of Justice rem
der a decision nero in, consequence
with tho dictates Of common sense,
law and equity, than was rendered
ny the Court Of Appeals for the
Fifth Circuit, in the case Of Kerr
VS.. Gordy ct al on appeal from the
Nineteenth Judicial District Court
for the parish of St. Mary.
In this appeal was involved the
question as to whether a party
could, by registering his claim to a
homestead, defeat the enforcement
by legal process. ofa pre-existent
obligation. To maintain the afir
native of this proposition would be
to predicate Of the Constitutional
Convention when framing the home
stead provision, u reckless disre
gard of the rights wlfich creditors
have upon the prope riy Of their
debtors.
The Supreme Court had occasion
to pass upon this point, aud as
might have been expected, that ex
allied tribunal rendered q luminous
decision upholdirg the right Of the
creditor and denying the exemption
which was claimed.
It is with great satisfaction that
We find our own appellate court
sanctioning the same doctcine iu an
opinion, remarkable for elegance of
language aud coeency of reasoning.
After summarizing the facts and
pleadings in the case in question
which We. do not deemit necessary
to publish, the court, by Judge H..
Smith, as its organ goes on to
say:
"As above set forth, the record
shows that the obligation which
formed the basis of suit No. 1924
was executed on the LIST day of
1881, and the plaiptiff set
apart and registered his homestead
the very day that judgment was
rendered in said suit.
"Article 219 Of the Coz. stitutiou
Of 1879 provides that homestead ex
emptions to be valid shall be set
apart and registered ard the mode
Of such setting apart and registry is
provided TO: in act No ia of the
acts of 1880.
"The foregoing constitutional pro
aud the legislative act to car
~ the same into effect, as we'll as
recent ruling of Out Supreme
are all SO plain and so free
rom all ambiguity whatever on the
exact issue here presented for our
that we are rescued from
profound surprise only by the ella
reasons for Judgment which
We ind in the recond. This docu
nent replete, we must confess, with
he evidences Of = tender sympathy
or the unfortunate in the affairs Of
his world, may he u most excellent
of the views of his hon
'r, the judge a gao, on the wisdom
nd policy of homestead exemptions
'ut to say nothing of its legal as
,ects We must decline to accept
,ither its sentiment or it's philOSo
"The tears of q generous public
ire usually shed for the unfortu
tate debtor, while the possible EN-
'arrassment or impending ruin Of
he creditor who has advanced his
money or his property in good faith
'eem altogether lost sight OF.
The wisdom of homestead exemp
ions is to many minds an open
question. The setting apart of Ger
ain property as a homestead has.
attendant drawbacks as we'll as
apparent advantages. The at
to legislate thrift o: frugal |
y into q people is like trying to i'm
'rove the moral tone of a commuui
= by the enactment of harsh laws.
these things have their proper
ource in the genius and education
f u people. The man of prudent
economy aud Industrious habits will
'eed no exempting legislation to
him in the possession of his
'ome, and the enlightened, law abb
ling citizen will need no Draconian
ode To r~osfrain him from aoAs al