Prats v. His Creditors
Supreme Court of Louisiana
Appeal from the Parish Court of New Orleans, Maurian, J. Where there is no marriage contract between the parties, the law of the matrimonial domicil has been held to control and govern the rights to property wherever situated. At least su.ch is the opinion of many eminent jurists.
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Appeal from the Parish Court of New Orleans, Maurian, J. Where there is no marriage contract between the parties, the law of the matrimonial domicil has been held to control and govern the rights to property wherever situated. At least su.ch is the opinion of many eminent jurists. Story’s Conflict of Laws, § 152. Others have considered the law of the place where the marriage is celebrated, as being a real statute, the effect of which cannot be supposed to have been impliedly adopted by the contracting parties, but as to property within the territory where that law has any force. Consequently,…
1Opinion of the CourtMoephy, J.
The wife of the insolvent made opposition to a tableau of distribution filed by the syndics, claiming to be placed thereon as a mortgage creditor for $3800. She alleges that her mother, who died in Campeachy, Mexico, some time in 1822, left her a house in that town, and a sum of $2800 in specie, which was then received by her husband. That in 1831, after the insolvent had come to reside in this country, she, with his consent, and through an agent, sold the house for $1000, which sum was also received by him. That there was no marriage contract be-" tween herself and her husband. That all the…
2Cited by2 opinions
- Hyman, Lichtenstein & Co. v. Schlenker & HirschSupreme Court of Louisiana · 1892
- Succession of KerleySupreme Court of Louisiana · 1866