Terrell v. Cutrer
Supreme Court of Louisiana
Appeal from theJDistrict Court of St. Tammany, Jones, J. contended that a married woman who wishes to invest her separate funds in the purchase- of property, must, in order to prevent its becoming a part of the community,, declare by notarial act that she purchases for her sole account, and from what source she obtained the money given in payment. It is enough that she take the title m her own name, provided she afterwards prove that the price was paid out of her own means.
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Appeal from theJDistrict Court of St. Tammany, Jones, J. contended that a married woman who wishes to invest her separate funds in the purchase- of property, must, in order to prevent its becoming a part of the community,, declare by notarial act that she purchases for her sole account, and from what source she obtained the money given in payment. It is enough that she take the title m her own name, provided she afterwards prove that the price was paid out of her own means. The purchase of separate property, may be made as well by private as by authentic act.
1Opinion of the CourtBullard, J.
The plaintiff claims as her own property two> slaves surrendered by her husband to his creditors, and the syndic is appellant from a judgment which recognizes her title.
The facts appear to be, that the plaintiff was entitled to a certain sum in the succession of her father, which constituted her para-phernal property. That this sum was received by her husband' during the marriage ; and that in 1834 she purchased one of the slaves in her own name, of one Simmons, and that the other was purchased by her agent in Kentucky, in the year 1833; and that both were paid for out of the funds in the…
2Cited by15 opinions
- Peck v. VandenbergCalifornia Supreme Court · 1866
- Smalley v. LawrenceSupreme Court of Louisiana · 1844
- Wood v. HarrellSupreme Court of Louisiana · 1859
- Fisher v. GordySupreme Court of Louisiana · 1847
- Succession of Pinard v. HoltenSupreme Court of Louisiana · 1878
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