Dougherty v. Hibernia Insurance
Supreme Court of Louisiana
4 PPEAL from the.Civil District Court for the Parish of Orleans. Itiylitor, J. 1. A married woman cannot mortgage her property for a loan made in her name, but in reality for her husband. 2. The burden of proof is on the creditors to show that the contract enured to the benefit of the wife, unless they exhibit strict compliance with C. C. Arts. 126-128. 3. The Second District Court had no other but probate jurisdiction.
Read the full summary
4 PPEAL from the.Civil District Court for the Parish of Orleans. Itiylitor, J. 1. A married woman cannot mortgage her property for a loan made in her name, but in reality for her husband. 2. The burden of proof is on the creditors to show that the contract enured to the benefit of the wife, unless they exhibit strict compliance with C. C. Arts. 126-128. 3. The Second District Court had no other but probate jurisdiction. Its Judge could not authorize a married woman to borrow money. 4. Under C. C. 2229 (2226) a legal tender is not required as a condition precedent to bring the action of…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
Plaintiff, a married woman, sues to annul a.judicial sale of her property made in foreclosure of a mortgage granted by her to defendant, under the authorization of the Jndge of the late Second District Court for the Parish of Orleans, acting under Sections 1713, 1714 and 1715 of the Revised Statutes (O. C. 126, 127, 128). The pivotal foundation of plaintiff’s case rests in the proposition that the Judge of the Second District Court, which was a court of limited powers, had no jurisdiction to exercise the powers conferred by the law referred…
2Cited by5 opinions
- Fortier v. New Orleans National BankSupreme Court of the United States · 1884
- Kohlman v. CochraneSupreme Court of Louisiana · 1908
- Dayries v. LindslySupreme Court of Louisiana · 1911
- Josephson v. PowersSupreme Court of Louisiana · 1909
- Kohlman v. CochraneSupreme Court of Louisiana · 1908