Berwick v. Frere
Supreme Court of Louisiana
A PPEAL from the Seventeenth Judicial District Court for the Parish of St. Mary. Allen, J. One who takes a mortgage from a married woman, knowing that the money loaned will enure to the benefit of the husband, or with good ground to believe that it will, has no valid claim against the wife, even though the mortgage was granted under the judicial authorization provided for in Arts. 126, 127 and 128 of the Civil Code.
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A PPEAL from the Seventeenth Judicial District Court for the Parish of St. Mary. Allen, J. One who takes a mortgage from a married woman, knowing that the money loaned will enure to the benefit of the husband, or with good ground to believe that it will, has no valid claim against the wife, even though the mortgage was granted under the judicial authorization provided for in Arts. 126, 127 and 128 of the Civil Code. C. O., Art. 2398; Ohaffe vs. Watts, 37 An. 333; Gibson vs. Hitchcock, 37 An. 209; Barthe vs. Kasa, 30 An. 940; Olaverie vs. Gerodias, 30 An. 292. The ownership of a plantation in…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
It is claimed on behalf of Suthon and the executor of McCan that Mrs. James D. Capron became indebted to McCan in the sum of ten thousand dollars and interest through a loan made to her on the seventh day of February, 1890, on the faith of the certificate or order of the District Judge of the court of her residence, authorizing her to contract said loan, and that said loan was legally secured under the same authorization by special mortgage on her undivided half of the plantation owned jointly between herself and husband, and cultivated…
2Cited by5 opinions
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- Kohlman v. CochraneSupreme Court of Louisiana · 1908