Succession of Montgomery
Supreme Court of Louisiana
APPEAL from the Eighth District Court, Parish of East Carroll. Montgomery, J, Under the law, married women are not sui juris. In their case incapacity is the rule; capacity the exception. Their incapacity to contract is specially declared by law. C. C. 17S2. Where the law provides certain formalities to be observed, and certain things to be done, in order to bind a married woman, these formalities must be complied with, and those things done, else she is not bound.
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APPEAL from the Eighth District Court, Parish of East Carroll. Montgomery, J, Under the law, married women are not sui juris. In their case incapacity is the rule; capacity the exception. Their incapacity to contract is specially declared by law. C. C. 17S2. Where the law provides certain formalities to be observed, and certain things to be done, in order to bind a married woman, these formalities must be complied with, and those things done, else she is not bound. The statute of jVfarch 27, 1835, now Art. 129 of the Civil Code, which capacitates or authorizes mdrried women to renounce their…
1Opinion of the Court
The opinion of the court was delivered by
Bermudez, C. J.
This controversy involves the validity of a wife’s renunciation of her rights against her husband and the property mortgaged by him, in favor of a creditor.
J. W. Montgomery having died, his widow filed an account of her administration of his estate; on which she placed herself as a creditor for §6307, with the legal mortgage accorded by law to secure its payment, the same to be satisfied in preference to the claims of all other creditors.
The account was opposed. Mrs. Montgomery having died, her son was appointed to succeed her, and he…
2Cited by1 opinion
- Tobin v. WhiteSupreme Court of Louisiana · 1917