Bordelon v. S. Gumbel & Co.

Citations

• 118 La. 645
• 43 So. 264
• 1907 La. LEXIS 777

Syllabus

<p>Mortgages — Rights oe Mortgagees — Bona Fide Purchaser.</p> <p>For the purpose of enabling her husband to borrow money, the wife made a fictitious sale of her property to the proposed lender for cash, and the latter, by a separate act, on the same day and before the same notary and witnesses, sol’d the property on a credit to the husband. The act by which the husband thus acquired, did not recite, or otherwise show on its face, that the property had been acquired from the wife. More than 10 years afterwards the husband gave a mortgage on the property; he having in the meantime lived on it, improved it with his own funds, assessed it in his name, and otherwise treated it as his own. The mortgagee accepted the mortgage on the faith of the record, not knowing of the rights of the wife. Held, the mortgage is good as against the rights of the wife. One who parts with his money on the faith of the public record must be protected even as against the rights of the wife, when he has acted without actual knowledge of such rights.</p> <p>TEd. Note. — For cases in point, see Gent. Dig. vol. 35. Mortgages, §§ 360-365.]</p> <p>(Syllabus by the Court.)</p>