Hero v. Bloch
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. 1. Property acquired during marriage, purchased with the separate funds of the husband, “ eventually proven to he such contradictorily with the heirs of the wife,”is separate propei’ty. 46 An. 823. * 2. Property purchased during marrjage, paid for out of the separate funds of the husband, is a charge against the community in favor of the separate estate of the husband for tlio amount of such…
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APPEAL from the Civil District Court for the Parish of Orleans. Bightor, J. 1. Property acquired during marriage, purchased with the separate funds of the husband, “ eventually proven to he such contradictorily with the heirs of the wife,”is separate propei’ty. 46 An. 823. * 2. Property purchased during marrjage, paid for out of the separate funds of the husband, is a charge against the community in favor of the separate estate of the husband for tlio amount of such purchase. 14 An. 619. 3. There is no law which forever precludes a man establishing the legal status of property. The dictum of…
1Opinion of the Court
*1033The opinion of the court was delivered by
Nicholls, C. J.
On January 17, 1880, Thomas W. Collens, Jr., by act before Alcee J. Villéré, notary, purchased from the heirs of P. Mallard, certain property, which forms the subject matter of the present controversy. At the time of this purchase Collens was a married man. The act was in the usual form, and it contained no recital that the land was purchased with funds belonging separately to Collens, nor did it contain the slightest intimation that it was being acquired for his individual account.
Mrs. Alice E. Ward, wife of Collens, between whom and…
2Cited by18 opinions
- Sanderson v. FrostSupreme Court of Louisiana · 1941
- Sharp v. ZellerSupreme Court of Louisiana · 1902
- Slaton v. KingSupreme Court of Louisiana · 1948
- Ducuy v. FalgoustSupreme Court of Louisiana · 1955
- Succession of GollSupreme Court of Louisiana · 1924
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