Taylor v. Swett
Supreme Court of Louisiana
APPEAL FROM THE COURT .OF THE FIFTH DISTRICT, THE JUDGE OF THE DISTRICT PRESIDING. The plaintiff alleges she is the daughter and heir at law of one Frances Smith, formerly widow of John B. Taylor, and late wife of the defendant. That at the death of her father, about fifty-three years ago, her mother married Gilbert Swett, in the state of South Carolina. The parties removed to Louisiana about twenty-five years ago, and settled in the parish of St. Landry.
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APPEAL FROM THE COURT .OF THE FIFTH DISTRICT, THE JUDGE OF THE DISTRICT PRESIDING. The plaintiff alleges she is the daughter and heir at law of one Frances Smith, formerly widow of John B. Taylor, and late wife of the defendant. That at the death of her father, about fifty-three years ago, her mother married Gilbert Swett, in the state of South Carolina. The parties removed to Louisiana about twenty-five years ago, and settled in the parish of St. Landry. The mother of the plaintiff died in 1829. She now claims half the estate in community between her deceased mother and the defendant, which…
1Opinion of the CourtMathews, J.
The plaintiff in this case claims as heir of her deceased mother, one half of the acquests and gains acquired during her life time, whilst in matrimonial community with the defendant. This claim is supported by the judgment of the court below, from which the present appeal has been taken on the part of the defendant.
*36The case presents no questions of law, and one, only, of fact ^^eh reiates to the marriage of the plaintiff’s mother with the defendant.
It appears from the evidence, that the connection between ^ese Persons; under an apparent relation of man and wife, took place more than fifty…
2Cited by7 opinions
- Peet v. PeetMichigan Supreme Court · 1884
- Oliphant v. Louisiana Long Leaf Lumber Co.Supreme Court of Louisiana · 1927
- Bates v. StateAllen Circuit Court · 1906
- Casimir v. BlancSupreme Court of Louisiana · 1845
- Mazzei v. GruisSupreme Court of Louisiana · 1911
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