Bourdette v. Burke

Citations

• 119 La. 478
• 44 So. 270
• 1907 La. LEXIS 509

Syllabus

<p>Pleading — Repugnancy — Inconsistent-Theories.</p> <p>A surviving widow cannot in one and the same action recover on contradictory allegations that certain real estate did1 and did not belong to the community. Where the action, was instituted on the first theory, it is repelí-ed by a subsequent judicial admission that the property belonged to the separate estate of the husband.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. •vol. 39, Pleading, § 44.]</p> <p>(Syllabus by the Court.)</p>