Levi v. Morgan
Supreme Court of Louisiana
APPEAL from the Seventeenth Judicial District Court, parish of East Baton Rouge. Sherburne, J. Eirst — A dation en paiement, made hy the husband to the wife in satisfaction of her paraphernal rights, must he for the full.value of the property transferred, and the burden of proof is always -upon her to show that value.
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APPEAL from the Seventeenth Judicial District Court, parish of East Baton Rouge. Sherburne, J. Eirst — A dation en paiement, made hy the husband to the wife in satisfaction of her paraphernal rights, must he for the full.value of the property transferred, and the burden of proof is always -upon her to show that value. R. C. C. 2655 et seq.; 30 An. 202, 511, 1114; 23 An. 439; 1 An. 301; 8 An. 484. Second — The evidence of the wife’s mortgage must he recorded in the mortgage book, according to the provisions of Art. 3349 R. C. O., but such recording shall in no manner be evidence of the debt or…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
Plaintiff, as j udgment creditor of Daniel Morgan, one of the defendants, brings this suit to set aside a dation en paiement made by him to his wife, co-defendant in the suit, for the alleged purpose of replacing her paraphernal funds, disposed of by him.
The plaintiff caused execution to issue upon her judgment in December, 1879 — the judgment having been rendered on the 10th July, 1877, and recorded the next day. The sheriff returned the writ in no part satisfied, after demand on the judgment debtor, and due diligence to find property.
Thereupon…
2Cited by7 opinions
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- Colvin v. JohnstonSupreme Court of Louisiana · 1900
- Compton v. DietleinSupreme Court of Louisiana · 1907
- Jones v. ThibodauxSupreme Court of Louisiana · 1940
- Hart v. StingerDistrict Court, W.D. Louisiana · 1930
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