Lallande v. Terrell
Supreme Court of Louisiana
Appeal from the District Court of St. Tammany, Jones, J. The question in this case is, can a wife in community, who has no means of her own, purchase property and make it paraphernal, by borrowing money on her own credit, to pay for it? No such device can take the case out of the operation of art. 2371 of the Civil Code-. The debt in this 'case is a community debt, and the property belongs to the community..
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Appeal from the District Court of St. Tammany, Jones, J. The question in this case is, can a wife in community, who has no means of her own, purchase property and make it paraphernal, by borrowing money on her own credit, to pay for it? No such device can take the case out of the operation of art. 2371 of the Civil Code-. The debt in this 'case is a community debt, and the property belongs to the community.. A purchase in the name of a wife makes the property paraphernal, only when it is shown, that the funds thus invested were, at the time of the investment, paraphernal. cited 17 La. 300.…
1Opinion of the CourtBullard, J.
This suit is brought to recover of the defendants certain lots in the town of Covington, under the following circumstances
The lots belonged formerly to Terrell, who was in community with his wife Adeline. The plaintiff, Lallande-, having recovered a judgment against Terrell for a 'considerable amount, caused a fieri facias to be issued, in virtue of which the Sheriff sold the lots, with others, on the-21st May, 1841,.on a year’s credit, and Thomas W. Minter became the purchaser, for $ 100, and gaVe his twelve months’ bond, with security for the price, with eight per cent interest. E. M.…
2Cited by2 opinions
- Coignet v. NelsonSupreme Court of Louisiana · 1911
- Miltenberger v. City of New OrleansLouisiana Court of Appeal · 1884