Heirs of Gryder v. Gryder
Supreme Court of Louisiana
A PPEAL from the Third District Court, Parish of Claiborne. I. A. JSgan, Special Judge. Tfie surviving spouse holding tfie usufruct of one-fialf of tfie community property, under Act ITo. 152 of 1844, during his natural life or until second marriage, cannot be destituted of that usufructuary right by suit, except for second marriage.
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A PPEAL from the Third District Court, Parish of Claiborne. I. A. JSgan, Special Judge. Tfie surviving spouse holding tfie usufruct of one-fialf of tfie community property, under Act ITo. 152 of 1844, during his natural life or until second marriage, cannot be destituted of that usufructuary right by suit, except for second marriage. Act 1844, p. 99, sec, 2 s C. C. 915 and 916*; 19 Ann. p. 14; 11 Ann. 297; 31 Ann. 752; 29 Ann. 520; 3 Ann. 489; 22 Ann. 446 and 499; 5 Ann. 588. Tfie omission to inventory tfie community property will not affect tfie usufruct established in favor of tfie…
1Opinion of the Court
The opinion of the Court was delivered by
Pochr, J.
Mary Gryder, wife of the defendant, Hiram Gryder, died in November, 1882, leaving seven heirs, issue of her marriage with the defendant, and movable and immovable property belonging to the community, which remained in the possession of the surviving husband as usufructuary.
This suit was brought in August., 1883, by three of the heirs, and its object is to destitute the father of the usufructuary and to obtain a partition by sale of all the property belonging to the community.
The grounds of this action are substantially the acts of abuse of the…
2Cited by10 opinions
- Thomas v. BlairSupreme Court of Louisiana · 1903
- Burdin v. BurdinSupreme Court of Louisiana · 1930
- Miguez v. DelcambreSupreme Court of Louisiana · 1910
- Johnson v. BoltLouisiana Court of Appeal · 1933
- Magee v. GatlinLouisiana Court of Appeal · 1951
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