First Nat. Bank of Acadia Parish v. Labit

Supreme Court of Louisiana

First Nat. Bank of Acadia Parish v. Labit

109 So. 400, 161 La. 719, 1926 La. LEXIS 2119

CourtSupreme Court of Louisiana

DecidedMay 31, 1926

DocketNo. 27411.

StatusPublished

This text of 109 So. 400 (First Nat. Bank of Acadia Parish v. Labit) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First Nat. Bank of Acadia Parish v. Labit, 109 So. 400, 161 La. 719, 1926 La. LEXIS 2119 (La. 1926).

Pincite

Opinion

O’NIELL, C. J.

This is an appeal from a judgment recognizing a homestead exemption on a rice farm and the necessary farming implements to the extent of $2,000.

Appellant contends that the canal and pump and machinery used for irrigating the farm were not a part of the farm, and were-therefore not exempt from seizure and sale, and that, by failing to demand a separate sale of this irrigation plant, the debtor forfeited his homestead exemption.

According to section 1 of article 11 of the Constitution, the homestead exemption includes, not only 160 acres of land, but also-the buildings and appurtenances, and, on a farm, the necessary farming implements. In this case the area of the farm was less than 160 acres. The irrigation canal was one of’ its appurtenances, and the pumping plant, consisting of - an 8-inch pump and a portable boiler and engine, which were necessary for-raising rice on the farm, must be included among “the necessary farming implements.”

The judgment is affirmed, at appellant’s, cost.

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O’NIELL, C. J.

This is an appeal from a judgment recognizing a homestead exemption on a rice farm and the necessary farming implements to the extent of $2,000.

Appellant contends that the canal and pump and machinery used for irrigating the farm were not a part of the farm, and were-therefore not exempt from seizure and sale, and that, by failing to demand a separate sale of this irrigation plant, the debtor forfeited his homestead exemption.

According to section 1 of article 11 of the Constitution, the homestead exemption includes, not only 160 acres of land, but also-the buildings and appurtenances, and, on a farm, the necessary farming implements. In this case the area of the farm was less than 160 acres. The irrigation canal was one of’ its appurtenances, and the pumping plant, consisting of - an 8-inch pump and a portable boiler and engine, which were necessary for-raising rice on the farm, must be included among “the necessary farming implements.”

The judgment is affirmed, at appellant’s, cost.

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Bluebook (online)

109 So. 400, 161 La. 719, 1926 La. LEXIS 2119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-nat-bank-of-acadia-parish-v-labit-la-1926.