Didlake v. Cappel
Supreme Court of Louisiana
Appeal from Fourteenth Judicial District Court, Parish of Avoyelles; Gregory Horatio Couvillon, Judge. Action by Annie G: Didlake, wife of Claude F. Drake, against S. W. Cappel. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtProvostx, J.
This suit is to compel defendant to accept title from plaintiff to a piece of real estate.
The objection to the title is that plaintiff, who has married a second time, acquired the property by donation from her first husband, and that there are children of the first *846marriage, and that in such a ease, under express provision of the article 1753, Civ. Code, the property belongs to the children of the first marriage.
To this the plaintiff answers that the donation was made before the marriage, and that article 1753 applies only to donations made during the marriage.
The article makes no such…
2Cases cited2 opinions
- Succession of HaleSupreme Court of Louisiana · 1874
- Dupre v. JenkinsSupreme Court of Louisiana · 1900