Pain v. Perret
Supreme Court of Louisiana
Western DrsT. APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This suit was instituted by Madame Framjaise Pain, wife of Ursin Perret, against her said husband, for a separation of property, and to enforce her legal mortgage for the restitution of her paraphernal property.
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Western DrsT. APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This suit was instituted by Madame Framjaise Pain, wife of Ursin Perret, against her said husband, for a separation of property, and to enforce her legal mortgage for the restitution of her paraphernal property. The plaintiff alleges she intermarried with, the defendant, in the parish of St. Jean Baptiste, in 1816, and was the owner at the time, of a plantation, slaves, &c., valued at sixty-two thousand eight hundred and forty-seven dollars; that the next year the plantation was sold for the sum…
1Opinion of the CourtMartin, J.
This is an action for' a separation of property by the wife against her husband.' Several creditors of the husband and defendant, intervened in the suit who oppose the plaintiff’s demand, and are appellants from the judgment of separation of property obtained by the wife against her husband.
The only question which the case presents, is, whether ■ the wife can avail herself of her legal mortgage on property situated in a parish where no record of it was ever made 1
The Louisiana Code, article 3298, which dispenses with the recording of mortgages resulting from the dotal rights of the wife,…
2Cited by2 opinions
- Johnson v. PilsterSupreme Court of Louisiana · 1843
- Cane v. AlleySupreme Court of Louisiana · 1847