Sealy v. Cook

Citations

• 51 La. Ann. 723
• 25 So. 316
• 1899 La. LEXIS 458

Syllabus

<p>Syllabus.</p> <p>1. Plaintiff sold land to defendant. The price went to make np the amount of her paraphernal rights set forth in the act of restitution by her husband to her. The property conveyed by her husband to her in the act of restitution was received by the wife in part satisfaction of her paraphernal rights.</p> <p>Held : The wife was without right to recover judgment for the land she sold to defendant.</p> <p>Rile was precluded from recovering by the fact that the act of restitution covered the price at least in part. She could not hold the property sold to her by her husband and recover property she transferred to defendant. She did not show error or frand in matter of the restitution to her.</p> <p>The averments in the act of restitution were prima, facie true and correct.</p> <p>2. The Supreme Court, at the stage of the proceedings the question is presented, declined to make a decree enabling plaintiff to amend, in order that plaintiff may show error or marital coercion in matter of the restitution.</p>