Dillon v. Dillon
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. 1. The presumption that property is community must yield to contrary proof. 16 L. 40; 30 An. 275; 5 R. 292; 9 An. 60; 13 An. 379 j 14 An. 716 ; 30 An. 167. 2. Any legal evidence is admissible to prove what the spouses brought into marriage, 5 R. 292. 3. The ownership of a thing, whether it be movable or immovable, carries with it the right to all the thing produces, etc.
Read the full summary
APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. 1. The presumption that property is community must yield to contrary proof. 16 L. 40; 30 An. 275; 5 R. 292; 9 An. 60; 13 An. 379 j 14 An. 716 ; 30 An. 167. 2. Any legal evidence is admissible to prove what the spouses brought into marriage, 5 R. 292. 3. The ownership of a thing, whether it be movable or immovable, carries with it the right to all the thing produces, etc. C. C. 498-505. 1. The burden of proof is on the plaintiff to show that the improvements built on her separate property, duiing the existence of the…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This appeal is the sequel of the case between the same parties, reported in 32 An. Reports, wherein we affirmed a decree of. separation from bed and board and remanded the cause for the liquidation and settlement of the community.
The defendant complains of the judgment rendered below on the last named subject, in.two particulars, viz:
1. So far as the same decrees the buildings and improvements upon the lot of ground on G-asquet street to be the separate property of the wife.
There is no dispute that the lot of ground belonged to the succession…
2Cases cited2 opinions
- Macarty v. New Orleans Canal & Banking Co.Supreme Court of Louisiana · 1844
- Howard v. FreemanThe Superior Court of New York City · 1866
3Cited by10 opinions
- Fernandez v. WienerSupreme Court of the United States · 1946
- Succession of GollSupreme Court of Louisiana · 1924
- Peters v. KleinSupreme Court of Louisiana · 1926
- Succession of SingerSupreme Court of Louisiana · 1945
- Dillon v. FrevilleSupreme Court of Louisiana · 1912
5 more not listed; retrieve them via the Exa API.