The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1893-02-16

pow tIil0 btNliAt- tt-Esl ny
the same sort of title and with tie
same conditions as citizens Of Lou-
siaua hold their h0mesteads un,!cr
the laws OF this State, aud refers MS
TO a number of authorities in which
the rights of such persons are the
subject of the adjudication of our
own Courts.
We think there is radical and pS-
Sential difference in the terms and
conditions 0pOn which hOmrSteads
are acquired under the laws of tha
United States and under the laws of
the State. The motive for the home
stead granted by the United States
Is largely TO induce the ci;izeus OF
the country to settle upon and im-
prove the vast domain of tho
country, bring it into cultivation
that it may do its part in creating
and adding to the aggregate wealth
OF the country. That this purpose
may lie the better accomplished
certain qualifications are demanded
mainly looking to the permanent
settlement of the homesteader, Sac,
aS his being the head of family
and living on the land for five yeaIs
before the patent shall issue. AS
an inducement to do this an exeinp-
ton of the land from liability for
prior debts of the patentee is made
by the statute to attach to the land
itself and to follow it into whoseso-
ever hands it may fall.
The State homestead law, how
ever, in the main, has another and
altogether different object. 1t is
intended to protect those who are
the heads of families aud who have
dependents upon them for support
from being turned out Of house and
home upon tho public charity. I5
provides expressly that the home
stead exemption shall only continue
while the property is used as IA
homestead.
With these different purposes for
| the homestead laws of the United
States and of the State, and differ
ent conditions under which the
rights are conferred there can bs
but little authority derived from tho
decisions of our own State Courts
upon the question involved in tins
case. All the decisions TO which we
are referred are upon questions ariS-
ing under the State homestead law.
Under these laws our own Courts
have held that three conditions must
combine, not only TO entitle one tOa
homestead, but to preserve tho
homestead rights wh,n aeJuired.-
they alr, that he mast own the
property, he must occnay 1t as d
residence, aud he GlnSt baye Il FAM
y dependent upoa Gim Tor support.
These conditions failing, ne home
stead rights upon the property SO
claimed fails.
There are no such conditions
made by the laws of the United
States. On tue contrary, to encour-
age these homestead settlements
upon the public domain, tie law not
only gives the SettIrI tie ordinary
homestead rights, but provides the
additional luducement OF declaring
that the ldud thus acquired shall iu
40 event beeouie Liable for the prior
debts Of the settler. 1t is argued
by the plaintiff that this is not true,
but that there is an event, viz: tue
sale of the hand by the patentce,
which will make the land Liable Tor
. these prior debts. There are writer's
and decisions i'll other States which
= take the view of this statute, which
J, we think is the just one from The
textual provisions OF it, and We are
OF tho opinion that they carry WITH
= them much weight, though they may
not be absolutely controlling.
y We think there is no error in tht
judgment of the lower Court.