Rouyer v. Carroll
Supreme Court of Louisiana
PPE AL from the Civil District Oourt for the Parish of Orleans. King, J. No one can be compelled to accept title to property which was purchased in the name of the wife during the marriage, without the husband’s sanction, and subsequently sold by her, alleging the husband to be dead and the property to be her separate estate, unless there be conclusive proof, both of the death and of the fact that the property was really separate property.
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PPE AL from the Civil District Oourt for the Parish of Orleans. King, J. No one can be compelled to accept title to property which was purchased in the name of the wife during the marriage, without the husband’s sanction, and subsequently sold by her, alleging the husband to be dead and the property to be her separate estate, unless there be conclusive proof, both of the death and of the fact that the property was really separate property. Conceding the husband to be dead, which is not shown, proof that the property is separate property can not be made in proceedings to compel a third party…
1Opinion of the Court
The opinion of the court was delivered by
Waticins, J.
The object of this suit is to compel defendant to accept title to three lots of ground which, with their improvements, situated in the city of New Orleans, were adjudicated to him at public auction, in May, 1893 — said defendant having declined to accept title on the ground that same was defective and insufficient.
The property in question consists of three lots of ground designated by the municipal numbers 2, 3 and 4 on Rampart street, and was adjudicated to the defendant for the sum and price of nineteen thousand dollars.
The answer of the…
2Cases cited1 opinion
- Williams v. BethanySupreme Court of Louisiana · 1830
3Cited by15 opinions
- Johnson v. JohnsonSupreme Court of Louisiana · 1948
- Young v. ReedLouisiana Court of Appeal · 1939
- Rogge v. NouvetSupreme Court of Louisiana · 1898
- Plaisance v. CollinsLouisiana Court of Appeal · 1978
- Interstate Trust & Banking Co. v. Powell Bros. & SandersSupreme Court of Louisiana · 1910
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