Schlieder v. Boulet

Citations

• 124 La. 658
• 50 So. 617
• 1909 La. LEXIS 520

Syllabus

<p>1. Husband and AVife (§ 274*) — Community Debt — Actions—Parties.</p> <p>The payment of a note representing a debt of the community and secured by mortgage, ’ importing confession of judgment, on community property, may be enforced, after the death of the wife, in a proceeding via executiva against the surviving husband, without making the heirs of the wife parties thereto.</p> <p>2. Husband and Wife (§ 274*) — Judgment Sale of Community Property — Persons Who May Purchase.</p> <p>There is no law which precludes the heirs of the wife, or the surviving husband, from purchasing the property sold in such a proceeding.</p> <p>3. I-Iusband and Wife (§ 274*) — Judgment Sale of Community Property — Lien on Surplus.</p> <p>Where, in such case, the property realizes more than enough to pay the debt for which the sale was made, and the surviving husband and usufructuary, being the adjudicatee, retains the surplus, and subsequently sells the property as free of incumbrance to a third person, who sells to still another, such transferees acquire the property free of any lien or privilege in favor of the major heirs of the deceased wife, securing their interest in such surplus.</p> <p>(Syllabus by the Court.)</p>