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· 11/20/1916

Perez v. Guitard

Citations

  • 14 Teiss. 191
  • 1916 La. App. LEXIS 141

Syllabus

<p>Syllabus.</p> <p>The assumption by a wife .of a debt of her husband as a consideration of a dation en paiement to her renders the dation as well as the assumption null.</p> <p>No prescription runs against such nullity.</p> <p>A co-proprietor is not liable for his occupancy of the common property.</p> <p>A co-proprietor occupying the common property cannot make improvements and repairs for the purpose of his enjoyment and charge same to his co-owners.</p> <p>The cost of paving must also be borne by him.</p> <p>The claim of a co-proprietor occupying the common premises for taxes paid by him is compensated by the value of his occupancy.</p> <p>A co-proprietor cannot charge his co-owners for insurance effected by him in his name.</p> <p>On the annullment of a sale to a mortgagee his .claim and mortgage revive.</p> <p>A claim for collation can be asserted only in the succession of the donor.</p>

Judges: Claiborne

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