Legal Opinion

Bachino v. Coste

Supreme Court of Louisiana

Decided May 15, 1883No. 8591PublishedCited by 18 opinions

APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 1. Where property is bought in the name of the wife, and the notarial act contains her explicit declaration that it was bought and paid for with her paraphernal funds, the husband, being a party to the act and assenting to the declaration, his heirs are estopped from denying it.

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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 1. Where property is bought in the name of the wife, and the notarial act contains her explicit declaration that it was bought and paid for with her paraphernal funds, the husband, being a party to the act and assenting to the declaration, his heirs are estopped from denying it. Only forced heirs can contest the truth of the declaration to the extent of their legitime, when the act is intended to deprive them of it. Kerwin vs. Hibernia Insurance Company, 35 An.; B.oone vs. Carroll, lb. j Drumm vs. Kleinmau, 3L An. 124.…

1Opinion of the Court

The opinion of the Court was delivered by

Bermudez, C. J.

This is an action to compel compliance with the terms of sale of a piece of property adjudicated to the defendant. The appeal is taken from a judgment in favor of the latter.

The property was .purchased in the name of the plaintiff, during *571marriage. The act contains a recital of the origin of the funds with which it states that the acquisition was made, and it was signed by the husband. The latter died a short time before the adjudication of the property to the defendant, leaving four children, the issue of his marriage with the…

2Cases cited1 opinion

  1. Magoffin v. PattonSupreme Court of Pennsylvania · 1833

3Cited by18 opinions

  1. Johnson v. JohnsonSupreme Court of Louisiana · 1948
  2. Cameron v. RowlandSupreme Court of Louisiana · 1948
  3. Fortier v. BarrySupreme Court of Louisiana · 1904
  4. Otis v. Texas Co.Supreme Court of Louisiana · 1922
  5. Montgomery v. BouanchaudSupreme Court of Louisiana · 1934

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