Gasquet v. Dimitry
Supreme Court of Louisiana
ON A RE-HEARING. In this case a re-bearing was applied for, and obtained. made the following points: 1. The instrument termed declaratoria de dote, on which the wife rests her pretensions and claims to a mortgage, was executed in 1803, under the Spanish laws, and must be tested by them.
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ON A RE-HEARING. In this case a re-bearing was applied for, and obtained. made the following points: 1. The instrument termed declaratoria de dote, on which the wife rests her pretensions and claims to a mortgage, was executed in 1803, under the Spanish laws, and must be tested by them. The common principle running through both the Spanish laws and our codes is, that to constitute dotal property, it must be expressly stipulated or constituted as such in a marriage contract between the spouses, either before or at the time of marriage. Without such contract and express stipulation, all the…
1Opinion of the Court
*600One of the judges dissenting, the opinions were delivered seriatim.
Mathews, presiding Judge.
This case has its origin in a rale taken on the defendant, to show cause why a legal mortgage which she holds on the property of her husband, should not be erased from the records of the recorder of mortgages, on the ground that she had relinquished and abandoned in favor of the plaintiffs her right and claim as general mortgagee, on a specific portion of the property of her husband.
The case is now before the court on a re-hearing. In our former decision, two of the judges only took part; the third…
2Cited by4 opinions
- Jackson v. ShawSupreme Court of Louisiana · 1922
- Goff v. LaddCalifornia Supreme Court · 1911
- Cuny v. BrownSupreme Court of Louisiana · 1845
- Robinett v. ComptonSupreme Court of Louisiana · 1847