Gibson v. Sublett
Court of Appeals of Kentucky
Case 95 — FEME COVERT, LEX LOCI CONTRACTUS APPEAL FROM WOODFORD CIRCUIT COURT. 1. Under the laws of Louisiana the note, “the promise to pay,” etc., is a joint obligation, which binds the parties .each for his virile share. 2. The signers of the note are husband and wife, and the laws of Louisiana prohibit the wife from binding herself conjointly with her husband. 8. Under the evidence and the law of Louisiana appellant can not be held bound for any part of the obligation…
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Case 95 — FEME COVERT, LEX LOCI CONTRACTUS APPEAL FROM WOODFORD CIRCUIT COURT. 1. Under the laws of Louisiana the note, “the promise to pay,” etc., is a joint obligation, which binds the parties .each for his virile share. 2. The signers of the note are husband and wife, and the laws of Louisiana prohibit the wife from binding herself conjointly with her husband. 8. Under the evidence and the law of Louisiana appellant can not be held bound for any part of the obligation sued upon. (Bank of Louisiana v. Sterling, 2 La. R., 62; New Orleans v. Ripley, 5 La. R., 122; Civil Code, articles 2077 to…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Appellee, executor of Lewis Sublett, deceased, brought this action to recover personal judgment .against appellants, Tobias and Eva B. Gibson, husband and wife, and subject real property of the latter to the payment of his debt, which is evidenced by the following note, executed in the State of Louisiana, the ■domicile of appellants:
“ Tigebville, Tebbebouue, La.
“We promise to pay to Mr. Lewis Sublett, of Versailles, Woodford county, Kentucky, the sum of $1,750, ten per cent, interest, in eighteen months from this day. “TOBIAS GIBSON,
“EVA. B.…
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