Fowler v. Boyd
Supreme Court of Louisiana
Eastern Dist. ATPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. In this case, Miriam Fowler, wife of G-. W. Boyd, residing ip the parish of Jefferson, applied to the District Court for the First Judicial District, to be authorized, contradictorily with her husband, (who had refused his authorization,) to sell certain lots of ground belonging to her as her separate property. ' The husband on being cited, appeared, and opposed her application in court.
Read the full summary
Eastern Dist. ATPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. In this case, Miriam Fowler, wife of G-. W. Boyd, residing ip the parish of Jefferson, applied to the District Court for the First Judicial District, to be authorized, contradictorily with her husband, (who had refused his authorization,) to sell certain lots of ground belonging to her as her separate property. ' The husband on being cited, appeared, and opposed her application in court. In his answer he says, at their marriage they made mutual donations, by which it was stipulated the survivor should receive the whole…
1Opinion of the CourtMartin, J.
This is an application of the wife to be authorized to sell several lots, part of her paraphernal estate, the husband having refused to authorize her. He was cited to appear, and pleaded that there was no necessity for the sale of the lots, and that he had an interest in them, the wife by the marriage contract having made a donation to him of all her property in case he survived her.
The district judge doubted his authority to authorize the wife, but finally did so. The Louisiana Code, 127, provides, that if the husband refuses to authorize the wife to contract or sell her paraphernal estate,…
2Cited by3 opinions
- Blake v. NelsonSupreme Court of Louisiana · 1877
- Blake v. NelsonSupreme Court of Louisiana · 1877
- State v. BrownSupreme Court of Louisiana · 1881