Killelea v. Barrett
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Pirrish of Orleans. Houston, J. 1. Upon the death of the "wife, the husband’s authority as head and master of the community is at an end. C. 0.2.506; 15 Ann. 636; 23 Ann. 638; 2i) Ann. 663; 32 Ann. 849; 33 Ann 584. Upon the dissolution of the community by death, one-half of the community property vests in the heirs and the other half in the surviving spouse, subject to the payment of the community debts.
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APPEAL from the Civil District Court for the Pirrish of Orleans. Houston, J. 1. Upon the death of the "wife, the husband’s authority as head and master of the community is at an end. C. 0.2.506; 15 Ann. 636; 23 Ann. 638; 2i) Ann. 663; 32 Ann. 849; 33 Ann 584. Upon the dissolution of the community by death, one-half of the community property vests in the heirs and the other half in the surviving spouse, subject to the payment of the community debts. Ib. 2. The dissolution of the community operates a complete vestiture of title of one-half the community property in the forced heirs of the…
1Opinion of the Court
The opinion of tlie Court was delivered by
Ton», J.
This is a petitory action, in which plaintiffs claim tlie ■ownership of an undivided half of certain city property, as heirs of their deceased mother, who was common in property with her husband, tlieir father. They claim, also, rents and revenues.
The main defense of Barrett, in possession of tlie property, is that he acquired tlie same by a judicial sale made under a proceeding to enforce payment of a mortgage debt contracted by tlie. father of plaintiffs during the existence of tlie community between him and tlie mother of plaintiffs.
There…
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