Reid v. Rochereau
U.S. Circuit Court for the District of Louisiana
In equity. Heard on pleadings and evidence for final decree. This was a bill filed by Mrs. Ellen C. Reid, her husband, Andrew J. Reid, appearing as her next friend [against A. Rocliereau & Co. and others], to set aside a sale of certain real estate in the city of New Orleans, made by the assignee in bankruptcy of the said husband, Andrew J. Reid, the property having been sold as part of the-bankrupt estate.
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In equity. Heard on pleadings and evidence for final decree. This was a bill filed by Mrs. Ellen C. Reid, her husband, Andrew J. Reid, appearing as her next friend [against A. Rocliereau & Co. and others], to set aside a sale of certain real estate in the city of New Orleans, made by the assignee in bankruptcy of the said husband, Andrew J. Reid, the property having been sold as part of the-bankrupt estate. The facts, as disclosed by the evidence, were as follows: The complainant and Andrew J. Reid were married in 1802. At the time of her marriage, the complainant received from her father, as…
1Opinion of the Court
WOODS, Circuit Judge.
The mortgage,' purporting to be executed by Andrew J. Reid and his wife, the complainant, was not executed according to law by the complainant, and was not effectual to bind her separate estate. Though signed by the wife, it is not her deed.
If the property were her separate property, the law points out the manner in which she should proceed to mortgage it for the benefit of her husband, and that method was not pursued. By the civil as well as by the common law, the property of the wife cannot be conveyed or incumbered except in the manner prescribed by law.
The wife is not…
2Cases cited5 opinions
- Bass v. LarcheSupreme Court of Louisiana · 1852
- Bisland v. ProvostySupreme Court of Louisiana · 1859
- Bouligny v. FortierSupreme Court of Louisiana · 1861
- Beauregard v. Her HusbandSupreme Court of Louisiana · 1852
- State v. GallagherSupreme Court of Louisiana · 1854
3Cited by2 opinions
- In re Estate of Foster, Superior Court of California, County of San Francisco1909
- Tarver v. People's Fire InsuranceLouisiana Court of Appeal · 1908