LeBoeuf v. Melancon

Plaintiff alleges that “just before her marriage she gave her husband $1,300.00 in money to take care of for her” and that he has never repaid, but still owes same and she seeks to enforce her alleged legal mortgage to secure said claim against property sold by her husband to defendant since the recordation of notice of her claim.

On an exception filed by defendant the lower Court held that the wife had no legal mortgage to secure the restitution of funds entrusted to the husband before marriage and dismissed the suit; and the only question presented on plaintiff’s appeal is the correctness of…