Bonnecaze v. Lieux

Citations

• 52 La. Ann. 285

Syllabus

<p>Syllabus.</p> <p>1. where a litigant resorts to executory process and is enjoined, and, in answer to the injunction, does not change to a proceeding via ordinaria, but prays that the executory process be maintained, and there is insufficient authentic evidence to sustain such executory process, it will be dismissed.</p> <p>2. Where the surviving spouse, as usufructuary of community property, makes no complaint that a mortgage granted by him upon the whole property does not cover the usufruct of the individual half of the deceased spouse, the heirs of the latter, as naked owners, have no standing to make such complaint.</p>