Petetin v. His Creditors

Citations

• 51 La. Ann. 1660
• 26 So. 471
• 1899 La. LEXIS 606

Syllabus

<p>Syllabus.</p> <p>1st. Wife a Creditor. — A wile, donee of her husband’s creditor, may by the effects of the donation, become the creditor of her husband.</p> <p>2nd. A Sale of Husband to Wife. — The wife had no mortgage, and could havo no preference over her husbands creditors. The sale to her in satisfaction of her claim as a creditor, was not void, bnt voidable.</p> <p>.3rd. Prescription. — Being voidable, it was subject to prescription.</p> <p>4th. Minor.. — Prescription runs in favor of a minor, though he is not represented by a tutor.</p> <p>The rule is that an interruption begins only when brought home to the parties affected by it.</p> <p>.5th. Owner’s Title by Prescription. — The time having elapsed, the owners acquired by prescription.</p>