Jordy v. Muir

Citations

• 51 La. Ann. 55
• 25 So. 550
• 1898 La. LEXIS 563

Syllabus

<p>Syllabus.</p> <p>Jurisprudence has affirmed the principie, that the ability of the wife to acquire;, during the marriage, property in her own name and for her separate, paraphernal account, is an exception to the general rule which is established by the Civil Code, and it must be strictly and rigidly construed.</p> <p>That, in order to sustain her title, she is required to prove that she had paraphernal effects at her disposal adequate to enable her to make the new acquisition.</p> <p>That it is against the policy of the law, and the spirit and letter of our system-of legal community, to sanction contracts made by married women, under the pretext of investing her paraphernal effects when the amount invested bears no just proportion to the value of the property that is substituted therefor.</p> <p>On Reiieauing.</p> <p>The recital in the act by which the wife purchases, that it is made with her paraphernal funds, the husband a party to the act, the sale made on credit, is evidence for her to charge the husband with the amount of the cash payment, it being established he subsequently sold the property and received' and applied the proceeds.</p>