Kronenberger v. Hopkins

Citations

• 111 La. 405
• 35 So. 618
• 1904 La. LEXIS 530

Syllabus

<p>ESTOPPEL—HUSBAND AND WIFE—PARAPHERNAL FUNDS—AUTHENTIC ACT.</p> <p>1. Where the affidavit of the wife, to the effect that her husband is in debt to her for paraphernal funds received and used by him, is made and recorded with his knowledge and consent, and is allowed to remain unchallenged on the public records until after the wife dies, and her heirs, upon the petition of the husband, are put in possession of her estate, during which time it is recited in authentic acts, to which the husband is a party, as a valid, subsisting mortgage, the husband is estopped to deny the verity of the claim represented by such affidavit, and cannot be heard to say, as against the heirs of the wife, that it is fictitious and was intended merely to protect his property from the possible pursuit of his creditors.</p> <p>(Syllabus by the Court.)</p>