Cefalu v. Hollowell

Citations

• 12 Teiss. 134
• 1915 La. App. LEXIS 11

Syllabus

<p>Syllabus.</p> <p>One cannot enjoin the seizure and sale of property which he does not own and in which he has no interest.</p> <p>The wife has no authority to enjoin the seizure and sale of property which belongs to the community.</p> <p>The wife during community can purchase property in her own name and make it paraphernal. But in order to do so she must satisfy two conditions. In a sale where cash has been paid by her, she must prove that the payment was made with paraphernal funds. In a credit sale she must show that her revenues from the property purchased and from other sources will justify a reasonable expectation that they will be sufficient to enable her to meet the deferred payments.</p> <p>In the absence of, such proof the purchase is for account of the community and the husband alone, and not the wife, is liable for the notes furnished by the wife for the credit portion of the price.</p>