Luckett v. Canadian & American Mortgage & Trust Co.
Supreme Court of Louisiana
APPEAL from the Tenth Judicial District Court for the Parish of Rapides. Andrews, ./. Cites 34 An. 632; 30 An. 1157; 33 An. 1010; 45 An. 377; 40 An. 695; 36 An. 824, and quotes authorities to sustain the following propositions: A married woman can not, by any act of hers during the marriage, ratify a contract which is originally null. She is not bound by her confession of judgment.
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APPEAL from the Tenth Judicial District Court for the Parish of Rapides. Andrews, ./. Cites 34 An. 632; 30 An. 1157; 33 An. 1010; 45 An. 377; 40 An. 695; 36 An. 824, and quotes authorities to sustain the following propositions: A married woman can not, by any act of hers during the marriage, ratify a contract which is originally null. She is not bound by her confession of judgment. She can not be held for constructive fraud, but it must be actual fraud or deceit, otherwise it would be nothing more than an estoppel, which does not apply. Bisland vs. Provosty, 14 An. 173; McIntosh vs. Smith, 2…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This appeal presents the question of title vel non of the minor children and heirs of Mrs; Cornelia Luckett, née Petrovic, deceased wife of Henry P. Luckett, the question being collaterally raised by way of third opposition coupled with an injunction against the executory proceedings of the defendant, in the attempted foreclosure of a special mortgage, which was consented, during her lifetime, by her husband.
In the court below there was judgment in favor of the plaintiff, sustaining and perpetuating the injunction of the under-tutor, and the…
2Cases cited1 opinion
- Firemens' Insurance Co. of New Orleans v. CrossSupreme Court of Louisiana · 1843
3Cited by2 opinions
- Tobin v. WhiteSupreme Court of Louisiana · 1917
- Martin v. PichonSupreme Court of Louisiana · 1916