Hunter v. Martien
Supreme Court of Louisiana
Appeal from Tenth Judicial District Court, Parish of Tensas; George H. Clinton, Judge ad hoc. Action by N. B. Hunter against S. W. Martien and wife. From a judgment of dismissal, plaintiff appeals.
1Opinion of the CourtSommerville, J.
The plea of prescription of one year, filed by the defendant wife, to a suit filed in 1913, to have a dation en paiement made to her by her husband in 1908 declared to be a simulation and to be set aside, should be supported by evidence, in the absence of sufficient averments in the petition to sustain the plea. It does not appear whether the dation was preceded by a judgment in favor of the wife, or not. The petition is not entirely clear as to whether it is therein alleged that the dation complained of was a simulation, or an act sought to be revoked on the grounds set forth. Cross on…
2Cases cited2 opinions
- Olivier, Voorhies & Lowrey v. MajorsSupreme Court of Louisiana · 1913
- Lawson v. McBrideSupreme Court of Louisiana · 1908
3Cited by3 opinions
- Coignet v. Louisiana Cypress Lumber Co.Supreme Court of Louisiana · 1933
- Wood v. Board of CommissionersLouisiana Court of Appeal · 1963
- Southern Union Life Insurance v. GodcheauxLouisiana Court of Appeal · 1931