Legal Opinion · Dissent

Priest v. Browning

Louisiana Court of Appeal

Decided April 30, 1953No. 7941Published

1Dissent

GLADNEY, Judge.

I respectfully dissent from the majority opinion holding that plaintiff is without interest in bringing this suit. I think he does have a pecuniary interest, a personal right .arising from the use of the property subject to his usufruct — in this instance a cow. It was an imperfect usufruct. L.S.A.-C.C. Arts. 536, 549. During the marriage, as usufructuary of an imperfect usufruct, the father may do as he pleases with his child’s property without judicial intervention. Cleveland v. Sprowl, 12 Rob. 172; In re Monrose, Sup.Ct.1937, 187 La. 739, 175 So. 475; Darlington v. Turner,…

2Cases cited2 opinions

  1. Darlington v. TurnerSupreme Court of the United States · 1906
  2. In Re MonroseSupreme Court of Louisiana · 1937

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