Brownson v. Weeks
Supreme Court of Louisiana
APPEAL from the Seventeenth Judicial District Court for the Parish of St, Mary. Allen, J. Where the legality of a transaction depends, not on the nature of the transaction but on the capacity of the party to contract, the rule as to innocent third persons has no application. 5 N. S., 55; 5 An. 495. As to the incapacity of the wife to bind herself, that she can not be estopped; when property is sold by her in violation of the prohibitory law, under which she can not become…
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APPEAL from the Seventeenth Judicial District Court for the Parish of St, Mary. Allen, J. Where the legality of a transaction depends, not on the nature of the transaction but on the capacity of the party to contract, the rule as to innocent third persons has no application. 5 N. S., 55; 5 An. 495. As to the incapacity of the wife to bind herself, that she can not be estopped; when property is sold by her in violation of the prohibitory law, under which she can not become liable for her husband’s debt, the rule governing third persons does not apply. 34 An. 123; 7 N. S. 64; 31 An. Y34; 34 An.…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
Defendant moves for a dismissal of the appeal, alleging that after the rendition of the judgment appealed from, which condemned the defendant to pay costs, plaintiff and appellant voluntarily executed the judgment by causing a fi. fa. to issue for the payment of the costs. The fi. fa., which issued, was not at the instance of the plaintiff, but of the sheriff.
The appeal is maintained.
The attack made by plaintiff upon defendant’s title is based upon the claim that the note and mortgage which she executed in favor of Mrs. Stouff, were null…
2Cited by26 opinions
- Tillery v. FullerSupreme Court of Louisiana · 1938
- Otis v. Texas Co.Supreme Court of Louisiana · 1922
- Berry v. WagnerSupreme Court of Louisiana · 1921
- O. T. Johnson Corp. v. City of Los AngelesCalifornia Supreme Court · 1926
- Barnes v. BarnesSupreme Court of Louisiana · 1924
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