Legal Opinion

Belden v. Hanlon

Supreme Court of Louisiana

Decided January 15, 1880No. 7626PublishedCited by 4 opinions

APPEAL from the Fourth District Court, parish of Orleans. Houston, J. E. K. Washington, for plaintiff and appellant, contended : First — That a wife under the law of Louisiana has no right to assail any sale or mortgage of community property made by the husband prior to the institution of a suit by her for separation.

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APPEAL from the Fourth District Court, parish of Orleans. Houston, J. E. K. Washington, for plaintiff and appellant, contended : First — That a wife under the law of Louisiana has no right to assail any sale or mortgage of community property made by the husband prior to the institution of a suit by her for separation. C. 0.150; 6 L. 461; 2 A. 226. . Second — -That a wife cannot oppose by way of third opposition the foreclosure of a mortgage of community property executed before she sued for a separation. C. P. 105, 396 ; C. C. 2404. Third — That a third opponent who is not the owner, and has…

1Opinion of the Court

The opinion of the court was delivered by

Manning, C. J.

Executory process was taken out by Belden to foreclose a mortgage executed by Hanlon in favour of one Navio to secure a note for twenty five hundred dollars, of which Belden claimed to be the owner. The date of the mortgage and of the note is March 13, 1878, and the latter is made payable six months thereafter.

Two days after the execution'of these instruments, the wife of Hanlon instituted a suit for separation from bed and board against her husband, and for a dissolution and settlement of the community of acquets existing between them,…

2Cases cited1 opinion

  1. Tourne v. His CreditorsSupreme Court of Louisiana · 1834

3Cited by4 opinions

  1. Thigpen v. ThigpenSupreme Court of Louisiana · 1956
  2. Tomme v. TommeSupreme Court of Louisiana · 1932
  3. Azar v. AzarSupreme Court of Louisiana · 1960
  4. Exposito v. LapeyrouseLouisiana Court of Appeal · 1940

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