Neuhauser v. Barthe

Citations

• 110 La. 825
• 34 So. 793
• 1903 La. LEXIS 712

Syllabus

<p>HUSBAND AND WIFE — PURCHASE WITH PARAPHERNAL FUNDS-MORTGAGE FOR COMMUNITY DEBT — FORECLOSURE—RIGHTS OF PURCHASER-CANCELLATION OF ADJUDICATION.</p> <p>1. Where property is purchased during the régime of the community in the name of the wife, with the declaration on her part and that of the husband in the deed that she buys with her separate paraphernal funds, and the husband subsequently mortgages the property for a community debt, and in foreclosure of this mortgage the property is offered at public sale and adjudicated to the highest bidder, the latter may refuse to accept the title until the seizing creditor causes the property to be uncovered from the cloak of the wife’s name and claim.</p> <p>2. After notifying the creditor of the difficulty in the way of his accepting the title, and-waiting a reasonable time for action to be taken by the creditor to remove the difficulty, the adjudieatee may proceed by rule against the creditor and the sheriff to cancel the adjudication and to recover back the money he had deposited with the sheriff pending examination of the title and its formal transfer to him.</p> <p>(Syllabus by the Court.)</p>