Vicknair v. Trosclair
Supreme Court of Louisiana
APPEAL from the Eighteenth District Court, Parish of Lafourche. Cailluuet, J. 1. A married woman revendicating her paraphernal property wrongfully sold can resort to every species of evidence; the doctrine of estoppel does hot apply to her. 33 An. 1099; 34 An. 632. 2. In contracts injurious to the wife’s property interests, the marital influence is presumed. 2 An. 756; 12 An. 852; 14 An. 169. 3. This presumption, when supported by the wife’s own evidence, is conclusive where…
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APPEAL from the Eighteenth District Court, Parish of Lafourche. Cailluuet, J. 1. A married woman revendicating her paraphernal property wrongfully sold can resort to every species of evidence; the doctrine of estoppel does hot apply to her. 33 An. 1099; 34 An. 632. 2. In contracts injurious to the wife’s property interests, the marital influence is presumed. 2 An. 756; 12 An. 852; 14 An. 169. 3. This presumption, when supported by the wife’s own evidence, is conclusive where there is nothing to rebut it. 23 An. 240. 4. An absolute nullity can not be the basis of title, and when patent on the…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
The plaintiff and her husband, separated in property, owned a plantation in indivisión, the wife’s interest being one-eighth, which she inherited from her father. The husband owned a small plantation, on which he resided. The plantation owned by husband and wife was called u Vicknair.” The “ Lasseigne” planta*375tion, on which plaintiff and husband resided, was just below a plantation owned by defendant, known as the “ Trosclair” tract. Contiguous to the “Vieknair” plantation, the defendant also owned a small tract of land.
In the early part of…
2Cited by13 opinions
- Robertson v. CampbellUtah Supreme Court · 1983
- Ball v. CampbellSupreme Court of Louisiana · 1951
- Lazaro v. LazaroLouisiana Court of Appeal · 1957
- Campbell v. PraterWyoming Supreme Court · 1948
- Agner v. BournSupreme Court of Minnesota · 1968
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