Lanusse v. Minturn
Supreme Court of Louisiana
Easters' Dist. ATPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an hypothecary action. The plaintiff alleges that while the community of property existed between her and her late husband, Paul Lanusse, he purchased a valuable house and lot in the city of New-Orleans, at the corner of Bienville and Dauphine streets, which he afterwards sold, and is now in the possession of the defendant.
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Easters' Dist. ATPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an hypothecary action. The plaintiff alleges that while the community of property existed between her and her late husband, Paul Lanusse, he purchased a valuable house and lot in the city of New-Orleans, at the corner of Bienville and Dauphine streets, which he afterwards sold, and is now in the possession of the defendant. She further shows that her husband becoming much embarrassed about the year 1822, she renounced by notarial act, the community of acquests and gains, and claimed her paraphernal and dotal rights,…
1Opinion of the Court
Bullard, J,,
delivered the opinion of the court.
The plaintiff seeks to enforce a legal mortgage upon certain real estate, sold by her late husband P. Lanusse, in 1819, and now owned by the defendant. The defence set up in the answer is, first, that the plaintiff, then the wife of Lanusse, intervened in the sale, and formally renounced her tacit or legal mortgage on the premises; and second, the prescription of ten years.
We have not thought it necessary to inquire into the solidity of the first ground of defence, being satisfied that the plea of prescription ought to be sustained. r r A °
The…
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