Baldwin v. Union Insurance
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans, Watts, J. All constructions and improvements made on the soil, are presumed to have been made by the owner of the soil, and at his expense. Civ. Code, art. 498. The soil is proved to belong to plaintiff’s minor child; and no evidence has been adduced to repel the presumption' that the buildings were erected at his expense.
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Appeal from the Commercial Court of New Orleans, Watts, J. All constructions and improvements made on the soil, are presumed to have been made by the owner of the soil, and at his expense. Civ. Code, art. 498. The soil is proved to belong to plaintiff’s minor child; and no evidence has been adduced to repel the presumption' that the buildings were erected at his expense. The title to the buildings would still be in the owner of the soil, though the evidence should be considered to have established that they were erected at the expense of another. The Roman law is express on this subject. “ Ex…
1Opinion of the Court
Morphy, J.*
On the 21st of March, 1837, Joseph D. Baldwin effected insurance on two houses situated in the city of Lafayette, for $6,500. The policy was afterwards transferred by him to his wife Jane Baldwin, with the consent of the company, and on the 8th of April, 1838, was renewed by her for another year from the 21st of March, 1838. The houses insured were *134destroyed by fire on the 3d or 4th of January, 1839. It is admitted that they were built during the marriage between the plaintiff and Baldwin, on two lots of ground belonging to John Charles Deacon, a minor, the son of the plaintiff by…
2Cases cited1 opinion
- Muse v. YarbóroughSupreme Court of Louisiana · 1838
3Cited by4 opinions
- Ludlow v. Bowne & EddyNew York Supreme Court · 1806
- Sims v. MatassaLouisiana Court of Appeal · 1941
- Cloud v. CloudLouisiana Court of Appeal · 1962
- Dwight v. SmithSupreme Court of Louisiana · 1844