Guerin v. Rivarde
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. The marriage of the plaintiff having taken place in 1813 it is by the laws then in force that the present controversy must be governed. By the statute of June 7, 1806, it is provided, sect. 10, that “ slaves shall always be reputed and considered real estate: shall be, as such, subject to be mortgaged, according to the rules prescribed by law ; and they shall be seized and sold as real estate.”
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Appeal from the District Court of the First District, Buchanan, J. The marriage of the plaintiff having taken place in 1813 it is by the laws then in force that the present controversy must be governed. By the statute of June 7, 1806, it is provided, sect. 10, that “ slaves shall always be reputed and considered real estate: shall be, as such, subject to be mortgaged, according to the rules prescribed by law ; and they shall be seized and sold as real estate.” Bullard & Curry’s Digest, page 49. Our Civil Code of 1808, contains the following provisions; page 328, et seq. article 34. The…
1Opinion of the CourtSimoN, J.
The plaintiff, wife of J. B. Guérin, but separated from bed and board from him, has instituted this action, with the authorization of the judge, a quo, to recover six slaves which are in the possession of the defendant, and which she claims as part of her dotal property, illegally alienated and sold by herself and husband to the said defendant previous to the separation.
She alleges, that her marriage with Guérin was celebrated on or after the 25th of October, 181.3, on which day a marriage contract was passed and executed between the parties, by which; among other property brought into…
2Cases cited1 opinion
- Rapp v. PeyrouxSupreme Court of Louisiana · 1839
3Cited by3 opinions
- Bonvillain v. BourgSupreme Court of Louisiana · 1861
- Belouguet v. LanataSupreme Court of Louisiana · 1858
- Bienvenu v. DerbesSupreme Court of Louisiana · 1847