Legal Opinion

Isaacson v. Mentz

Supreme Court of Louisiana

Decided May 15, 1881No. 8228PublishedCited by 10 opinions

APPEAL from the Eifth Judicial District Court, parish of East Baton Rouge. Me Fea, J. An act of sale without a price must be considered as an act of donation, when made with the formalities required for donations. 13 La. 387; 5 M. 694; 10 La. 90; 2 An. 766; 5 An. 433; 14 An. 710; 15 An. 666. The earnings of the wife’s needle, or any other work or labor, belong to the community. 30 An. 171. If a disposition is susceptible of two interpretations, the one making it lawful and…

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APPEAL from the Eifth Judicial District Court, parish of East Baton Rouge. Me Fea, J. An act of sale without a price must be considered as an act of donation, when made with the formalities required for donations. 13 La. 387; 5 M. 694; 10 La. 90; 2 An. 766; 5 An. 433; 14 An. 710; 15 An. 666. The earnings of the wife’s needle, or any other work or labor, belong to the community. 30 An. 171. If a disposition is susceptible of two interpretations, the one making it lawful and valid, the other making it unlawful and void, the courts must adopt that interpretation which makes it lawful and valid.…

1Opinion of the Court

The opinion of the Court was delivered by

Todd, J.

The plaintiff obtained a judgment against Widow Louisa Mentz in March, 1868, for $1138, with interest. This judgment was recorded soon after its rendition, in the book of judicial mortgages iu the office of the recorder of the parish of East Baton Kouge.

To enforce the judicial mortgage claimed to result from the inscription of this judgment, he instituted this, an hypothecary action, against the defendants, who are the children of Mrs. Mentz, the judgment debtor, and in possession as owners of the property, against which the action is directed.

T…

2Cited by10 opinions

  1. Funderburk v. FunderburkSupreme Court of Louisiana · 1949
  2. Succession of Manning v. BurkeSupreme Court of Louisiana · 1901
  3. Guilott v. GuilottLouisiana Court of Appeal · 1976
  4. Fabacher v. RouprichLouisiana Court of Appeal · 1925
  5. Hill v. AbellLouisiana Court of Appeal · 1927

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