Douglass v. Douglass

Citations

• 51 La. Ann. 1455
• 26 So. 546

Syllabus

<p>Syllabus.</p> <p>The proof disclosing that a married woman conveyed real estate to her husband through the Interposition of a third person and without having received any consideration therefor, the transaction is a fraudulent simulation and violative of a prohibitory' provision of the Civil Code.</p> <p>In suela a case, a -deed from the wife to a third person and from such third person to the husband, executed on the same day, before the same witnesses, m the same handwriting, and put on record on the same day, must be viewed, as one transaction, the object of which was to divest the title of the wife and vest it in her husband.</p> <p>The husband having died possessed of such a title, his heirs have not an Interest therein which is subject to a judicial mortgage; and a creditor holding such mortgage can not enforce same against the property to the prejudice of the-wife’s claim — no visible change of possession or dominion having taken place in the meanwhile.</p>