Stauffer, Macready & Co. v. Morgan
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. I. Property purchased in the name of either spouse during marriage becomes an asset of tho community (C. C. 2402); and the fact that a title is taken in the name of the wife does not make even a beginning of proof that the property is paraphernal. II.
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APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. I. Property purchased in the name of either spouse during marriage becomes an asset of tho community (C. C. 2402); and the fact that a title is taken in the name of the wife does not make even a beginning of proof that the property is paraphernal. II. In order that property acquired during the community in the name of the wife bo considered paraphernal, it is absolutely essential that three crucial facts should concur, viz : {a) Paraphernality of funds. <&) Separate administration by wife. III. A mere promise to give…
1Opinion of the Court
The opinion of tlie Court was delivered by
Fenner, J.
Plaintiffs, creditors of tbe insolvent banking firm of M. Morgan’s Sons, of New York, whereof defendant was a member, sued tbe latter by attachment, under which two pieces of real estate standing in the name of Mrs. Penelope O. Morgan, wife of defendant, were seized.
Mrs. P. O. Morgan intervened in the suit, claiming the property under seizure as her paraphernal property.
Plaintiffs answered her intervention, averring that the property had been acquired during marriage under the regime of the community of acquests and gains, and formed part of…
2Cited by37 opinions
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- Tillery v. FullerSupreme Court of Louisiana · 1938
- Betz v. RiviereSupreme Court of Louisiana · 1947
- Succession of BurkeSupreme Court of Louisiana · 1901
- Slater v. CulpepperSupreme Court of Louisiana · 1957
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