Saufley v. Joubert

Citations

• 51 La. Ann. 1048
• 25 So. 934
• 1899 La. LEXIS 517

Syllabus

<p>Syllabus.</p> <p>The lender who lends money to a married woman is not required to inquire into the purpose oí the loan, when she is duly authorized by the court to borrow a specific amount.</p> <p>The judicial admission of the wife when being examined by the judge, that the amount she was about to borrow, when she appeared before the judge, was to be used for her separate advantage, and the preponderance of testimony showing that the lender was not aware that the purpose of the wife was other than that shown by the certificate, will conclude the wife, and render it impossible for her to have the mortgage decreed a nullity.</p> <p>The judge of the District Court saw the witnesses, heard them testify; the review of their testimony on appeal led to the conclusion arrived at by him.</p> <p>Under the rules of evidence, witnesses for each party being about equal in number, the burden of proof being with plaintiff, and plaintiff’s declarations when the loan was gotten, not being in harmony with allegations made in her pending suit: Held .- That plaintiff has no right of action to set aside the act of mortgage attacked.</p>