Knight v. Kaufman

Citations

• 105 La. 35

Syllabus

<p>Syllabus.</p> <p>1. Under the Constitution of 1898 this court has jurisdiction, without regard to the value of the property, of all suits involving homestead exemptions.'</p> <p>2. The fact that title to property is taken in the wife’s name, and that it is paid for out of her personal earnings after marriage, does not take it out of the category of community property.</p> <p>3. The wife’s earnings are, like the husband's, assets of the community, there being no separation of property.</p> <p>4. Where the wife enjoins the sale of property standing in her name, she must show by indubitable proof that it was acquired by means of separate, paraphernal funds under her administration, and it is always better to have the act of conveyance so declare.</p> <p>5. It was not fatal misjoinder of parties plaintiff, nor inconsistency of pleading, nor the assertion of contradictory demands, for the wife and husband, in the same petition for injunction, to declare, first, that the property stand-. ing in the wife’s name is her separate, paraphernal property, and as such not liable to the seizure; second, in the alternative, that in the event it should be held the property is community in character, then it is exempted from the seizure under the operation of.the homestead law.</p>