Hyman, Lichtenstein & Co. v. Schlenker & Hirsch
Supreme Court of Louisiana
APPEAL from the Seventh District Court for the Parish of Catahoula. Ellis, J. _ 1. The objection o£ plaintiffs to parol evidence to establish a consideration different from the consideration expressed and described in the dation enpaiement was well taken.
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APPEAL from the Seventh District Court for the Parish of Catahoula. Ellis, J. _ 1. The objection o£ plaintiffs to parol evidence to establish a consideration different from the consideration expressed and described in the dation enpaiement was well taken. That objection was: “Parol evidence can not be admitted against or beyond what is contained in the alleged dation en paiement of intervenor’s husband to her; nor what may have been said or done before, at the time of, or since making said act; nor to vary, contradict, explain, or modify the written terms, consideration or recitals of said…
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
This appeal presents, for our determination, a contest between the attaching creditors of a non-resident debtor and the non-resident wife of the debtor, who claims the property attached by virtue of a dation en paiement made to her by her husband while they were both non-residents of Louisiana and domiciled in the State of Mississippi.
The dominant facts are the following:
Isaac Schlenker and his wife, Mrs. O. Schlenker, were married at their domicil in Trinity, Louisiana, in 1859. Between the years 1866 and 1874, while they were still…
2Cases cited1 opinion
- Prats v. His CreditorsSupreme Court of Louisiana · 1842
3Cited by25 opinions
- Messer v. LondonSupreme Court of Louisiana · 1983
- In re the Estate of CrichtonNew York Court of Appeals · 1967
- Successions of RheaSupreme Court of Louisiana · 1955
- Texana Oil & Refining Co. v. BelchicSupreme Court of Louisiana · 1922
- Charbonnet v. HayesLouisiana Court of Appeal · 1975
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