Legal Opinion

Heine v. Mechanics & Traders Insurance

Supreme Court of Louisiana

Decided May 15, 1893No. 11,187PublishedCited by 1 opinion

the Civil District Court for the Parish of Orleans. A marriage contract executed abroad, by non-residents, and never recorded here, is o£ no effect whatever as to third persons, with regard to immovable property situated in this parish. Const, of 1868, Art. 123; Act.

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the Civil District Court for the Parish of Orleans. A marriage contract executed abroad, by non-residents, and never recorded here, is o£ no effect whatever as to third persons, with regard to immovable property situated in this parish. Const, of 1868, Art. 123; Act. No. 95 of 1869; Const, of 1879, Art. 176; Lafarge vs. Morgan, 11 Martin, 527; De Armas and Wife vs. Hampton, 11 Martin, 534; Cambre vs. Grabert, 33 An. 246; Skipwith vs. Glathary, 34 An 33. When the existence of such a contract is noticed by the purchaser of immovable property situated here, and the production of said contract is…

1Opinion of the Court

*772The opinion of the court was delivered by

McEnery, J.

The Mechanics and Traders Insurance Company bought from plaintiffs’ property situated in New Orleans, at the northwest corner of Carondelet and Common streets, and deposited 10 per cent, of the price, $8000, in the hands of the real estate agent through whom the sale was effected. Clarisse Blanche Marie Louise Heine, wife of Charles Achille Pould, owned one-sixth of said property. On the presentation of the power of attorney of the vendors to execute the sale, it was discovered by defendant that Fould and his wife had entered into a marriage…

2Cases cited2 opinions

  1. Depas v. MayoSupreme Court of Missouri · 1848
  2. Glenn v. ThistleMississippi Supreme Court · 1851

3Cited by1 opinion

  1. James v. Travelers Indemnity Co.Louisiana Court of Appeal · 1971

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