Cable v. Coe
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. This is an hypothecary action instituted by Mrs. Cable, to enforce her legal mortgage for the restoration of her dotal and paraphernal property, against a house and lot in the town of Natchitoches, in the possession, and claimed by Aaron Coe; and against a negro man in the possession of Samuel Davenport’s heirs; also, a negro man in the possession of L. S. Hazleton, and a negro man in the…
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APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. This is an hypothecary action instituted by Mrs. Cable, to enforce her legal mortgage for the restoration of her dotal and paraphernal property, against a house and lot in the town of Natchitoches, in the possession, and claimed by Aaron Coe; and against a negro man in the possession of Samuel Davenport’s heirs; also, a negro man in the possession of L. S. Hazleton, and a negro man in the possession of P. Bossier, all of which property was alienated by her husband since their marriage. The plaintiff obtained a…
1Opinion of the CourtMartin, J.
The plaintiff is appellant of a judgement by which she was denied the right of having a judgement against her husband for the restitution of her dot and paraphernal estate satisfied by the sale of a house and lot sold by him to the defendant.
We thought that she had a tacit mortgage for what she calls her dot, but which is nothing but a donation propter nuptias, but that she was bound to discuss property disposed of by her husband before the sale to Coe.
Upon a rehearing, and after an examination of this point in New-Orleans, where we had access to numerous authorities, it has not appeared to…
2Cited by1 opinion
- Polizzotto v. HartSupreme Court of Louisiana · 1933