Kohlman v. Cochrane

Citations

• 123 La. 219
• 48 So. 914
• 1908 La. LEXIS 616

Syllabus

<p>1. Husband and Wife (§ 169*) — Wife’s Separate Estate — Mortgages — Order of Court.</p> <p>The legal capacity of a married woman to create debts against herself and to mortgage her property is not essentially dependent upon the fact that she should have applied to and obtained the authority of the district judge to create such debts and to grant such mortgages. The authorization of such jiidge and his certificate thereof are accorded by law to a married woman as a protection to herself from her imprudence and ignorance, and as protection in respect to her capacity to the public who might deal with her.</p> <p>[Ed. Note. — For other cases, see Husband and Wife, Cent. Dig. § 0G0; Dec. Dig. § 169.*]</p> <p>'2. Husband and Wife (§ 152*) — Wife’s Separate Estate — Contracts—Order op Court —Estoppel.</p> <p>Where a married woman, having recourse to proceedings taken by her under articles 126 and 127 of the Civil Code, not only fails to avail herself of the opportunity for protection afforded to her, but makes use, on the contrary ■of these proceedings designedly or through ignorance to deceive or mislead the public by misstating or suppressing the actual facts of the ■case, she should not be permitted to avail herself later of the actual facts to work injury upon those who have shaped their course in ignorance of those facts and acted in good faith, relying upon her action and conduct. A mar ried woman is not released from all responsibility for her conduct.</p> <p>[Ed. Note. — For other cases, see Husband and Wife, Cent. Dig. § 596; Dec. Dig. § 152.*]</p> <p>(Syllabus by the Court.)</p>