Leury v. Mayer

Citations

• 122 La. 486
• 47 So. 839
• 1908 La. LEXIS 489

Syllabus

<p>1. Husband and Wise (§ 273*) — -Community Property — Rights of Surviving Husband —Usufruct.</p> <p>The surviving husband, as usufructuary of the community property, does not become the owner of the deceased wife’s half interest in bank shares acquired during the marriage, but is entitled to all the dividends accruing therefrom until the termination of the usufruct.</p> <p>[Ed. Note. — For other cases, see Husband and Wife, Cent. Dig. §§ 1009, 1017; Dec. Dig. § 273.*]</p> <p>2. Husband and Wife (§ 273*) — Community Property— Sale.</p> <p>A private sale by the surviving husband of the half interest of his minor son in bank shares, made without an order of court issued on the advice of a family meeting, is a nullity.</p> <p>The purchaser at such a sale, knowing that the shares were acquired during the marriage and that the wife was dead, was bound to know that the property belonged to the community and was owned jointly by the surviving husband and the minor heir of the wife.</p> <p>[Ed. Note. — For other cases, see Husband and Wife, Cent. Dig. § 1021; Dec. Dig. § 273.*]</p> <p>3. PRESCRIPTION (§ 65*) — Mistake—Effect-Error of Law.</p> <p>Error or mistake of law is never a good foundation for acquiring property by prescription. Rev. Civ. Code, art. 1846.</p> <p>[Ed. Note. — For other cases, see Adverse Possession, Cent. Dig. §| 365-370; Dec. Dig. § 65.*]</p> <p>(Syllabus by the Court.)</p>