Bradley v. Claflin

Citations

• 132 U.S. 379
• 10 S. Ct. 125
• 33 L. Ed. 367
• 1889 U.S. LEXIS 1886

Syllabus

<p>In Louisiana, as in the States in which the English system of equitable jurisprudence-prevails, a creditor who has received from his debtor the legal title to real estate, may institute other proceedings against the debtor in relation to the same property, itf order to strengthen his title or establish his lien, if he deems it his interest to do so.</p> <p>In Louisiana a married woman, who has received from her husband a conveyanceof real estate asa dation enpaiement of a debt against him arising out of her paraphernal property which came into his control, iiáy cause' a mortgage of the same property to secure the same debt to be recorded in the manner provided by law, and the mortgage may become- valid if the title under the conveyance fails.</p> <p>In Louisiana a mortgage or lien on real estate of the husband in favor of the wife is created by Art. 3319 [3287] of the code when the husband receives her dotal or paraphernal property, which mortgage though not registered, is not merged in a simulated and fraudulent title conveyed to her by her husband as a dation enpaiement, and its registry by the.wife makes it valid against creditors of the husband asserting title under liens subsequent thereto.</p>