Dixon v. Dixon's Executors
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES OF NEW-ORLEANS. This was an action by the wife, against the executors of her deceased husband, to recover one moiety of the estate which the latter acquired during marriage, and of which he died possessed.
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APPEAL FROM THE COURT OF PROBATES OF NEW-ORLEANS. This was an action by the wife, against the executors of her deceased husband, to recover one moiety of the estate which the latter acquired during marriage, and of which he died possessed. The answer put at issue the fact of marriage; hut admitting that the parties were married, denied that there existed any community of acquests and gains, as the marriage was solemnized without the state of Louisiana, and the wife never resided therein. The evidence showed that the parties were married in Pennsylvania, in 1813. That in 1816, the husband…
1Opinion of the CourtPorter, J.
T his is an action in which the wife claims the one-half of the acquests and gains made during the residence of the husband in Louisiana. The answer puts her quality in issue; and admitting her to be the wife of the deceased, denies the right set up in the petition.
/" The facts of the case establish, that the parties married in Thiladelphia, in 1813; that shortly after, the husband removed into Louisiana, and continued in this state until his death, which took place in 1831. His wife did not accompany him, but remained in the state of Pennsylvania.
The court below gave judgement in favor of…
2Cited by30 opinions
- United States v. MitchellSupreme Court of the United States · 1971
- Messersmith v. MessersmithSupreme Court of Louisiana · 1956
- Phillips v. PhillipsSupreme Court of Louisiana · 1926
- Succession of WienerSupreme Court of Louisiana · 1943
- Succession of MarsalSupreme Court of Louisiana · 1907
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