Succession of Lewis
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. As to title to property purchased by a wife and deeded to her, the fact of ownership, of record and of public information being unquestioned and undisputed by the husband for more than nine years preceding his decease, or by any creditor or heir for seventeen (17) years, is sufficient, even in view of Arts. 2405. and 2402, Civil Code, to overcome any presumption as to any claim of the community or of…
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. As to title to property purchased by a wife and deeded to her, the fact of ownership, of record and of public information being unquestioned and undisputed by the husband for more than nine years preceding his decease, or by any creditor or heir for seventeen (17) years, is sufficient, even in view of Arts. 2405. and 2402, Civil Code, to overcome any presumption as to any claim of the community or of the husband’s estate against the same. Article 2405, Civil Code, which provides that all effects which husband and wife…
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
This is a proceeding to compel compliance'by the adjudicatee with an adjudication made of certain property sold at pub-lie'auction under an order of court in this succession.
The defence is:
“That neither the deceased nor her succession was owner of the whole of said property; that said property was purchased from the heirs of J. Waterman and wife by act of A. Hero, notary, dated April 8, 1876, in the name of Emma Frayser, wife of Robert N. Lewis; that said property was therefore owned by the community existing between the said Emma Frayser and…
2Cited by4 opinions
- Rogge v. NouvetSupreme Court of Louisiana · 1898
- Byrd v. BabinSupreme Court of Louisiana · 1940
- Estate of Guillot v. LalaLouisiana Court of Appeal · 1928
- In re Estate of Foster, Superior Court of California, County of San Francisco1909