Durham v. Williams
Supreme Court of Louisiana
APPEAL from the Tenth Judicial District Court, parish of Caddo. Boarman, J. T. T. & A. D. Land, for plaintiff, contended : First — The general jule of law is that all estates acquired during marriage by purchase form part of the community.
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APPEAL from the Tenth Judicial District Court, parish of Caddo. Boarman, J. T. T. & A. D. Land, for plaintiff, contended : First — The general jule of law is that all estates acquired during marriage by purchase form part of the community. C. C. 2402 (2371); 5 A. 611; 7 A. 104 ; 14 A. 618 ; 15 A. 588. Alexander & Blanchard, for the defendant, contended ; First — Property acquired by the wife during community with her separate paraphernal funds is not community. 1 L. 295 ; 1 R. 367 ; 2 A. 930 ; 8 A. 286 ; 29 A. 597 ; 30 A. 167. ¡Second — -The same rule governs the purchases of the husband. C.…
1Opinion of the Court
The opinion of the court was delivered by
Spencer, J.
Mrs. Julia Williams mortgaged to John B. Durham her “ undivided interest ” in and to a lot and improvements thereon in ¡Shreveport, to secure a debt of $3500. The extent of her interest is not ■stated in the act of mortgage. Durham foreclosed his mortgage and 'bought her interest in said lot.
He now brings this suit against the minor heirs of B. F. Hollings-worth, as owners of the remaining interest, in order to effect a partition.
*163These minors are under the tutorship of Mrs. Julia Williams, their •mother, who was the wife of B. F.…
2Cited by20 opinions
- Sanderson v. FrostSupreme Court of Louisiana · 1941
- Sharp v. ZellerSupreme Court of Louisiana · 1902
- Slaton v. KingSupreme Court of Louisiana · 1948
- Succession of GollSupreme Court of Louisiana · 1924
- Phillips v. NereauxLouisiana Court of Appeal · 1978
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