Lester v. Connelly
Supreme Court of Louisiana
APPEAL from the Eighteenth District Court, Parish. of Terrebonne.. Caillouet, J. A married woman can not bind herself for her husband’s debt.
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APPEAL from the Eighteenth District Court, Parish. of Terrebonne.. Caillouet, J. A married woman can not bind herself for her husband’s debt. O. O. 2398. Courts will look through all disguises to protect the property of married women, and will find out the real nature of the contract. 12 An. 852; 33 An. 1008; 34 An. 822. The law prohibiting a wife from binding herself for her husband’s debts is a law of public order, and whatever is done in contravention thereof is tainted with absolute nullity. (J. C., Arts. 11 and 12; 14 An. 169; 9 La. 589. A mortgage may be put in the form of a sale. The…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
The plaintiff, wife of Felix Básele, is separate in property from her husband and authorized to administer her own -affairs separate and apart from her husband.
Felix Básele, the husband, was a merchant in the town of Houma, and indebted to Levis Brothers, in the city of New Orleans. He was -embarrassed and unable, without security, to obtain further assistance from said firm. In 1891 Mrs. Básele, duly authorized by her husband, sold her separate property, a house and lot in the town of .Houma, to one Leveque, the book-keeper of said firm.
*342The…
2Cases cited2 opinions
- Ellis v. PrevostSupreme Court of Louisiana · 1839
- Blanchard v. CastilleSupreme Court of Louisiana · 1841
3Cited by9 opinions
- Wells v. BlackmanSupreme Court of Louisiana · 1908
- Latiolais v. BreauxSupreme Court of Louisiana · 1923
- Davis v. WelchSupreme Court of Louisiana · 1911
- State ex rel. Sevier v. SevierSupreme Court of Louisiana · 1917
- Caldwell v. TrezevantSupreme Court of Louisiana · 1904
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