Soules v. Soules

Citations

• 104 La. 796

Syllabus

<p>Syllabus.</p> <p>1., By agreement between tbe parties, the defendant owes an account for board claimed by the plaintiff. •</p> <p>2. A manual gift of an amount in cash was complete and legal, but it was not n remunerative donation as alleged, and in consequence, it was subject to collation.</p> <p>3. The amount of a note identified as the Eaurens note was not received by plaintiff. The transactions between the mother-in-law and the son-in-law were not for account of Mrs. Barba, the plaintiff. In consequence, the resulting indebtedness of the son-in-law is not charged to Mrs. Barba, I be wife.</p> <p>4. Krror on the part of plaintiff and error on the part of the defendant regarding a particular fact afford no ground for the plea of estoppel on the part of the plaintiff.</p> <p>5. On Appellee’s Motion bo Amend Judgment. No amendment is made for the reason that plaintiff, the wife, is the creditor of her husband and is not the creditor of the defendant in the partition and cannot, in view of this fact, recover the amount claimed from her brother, the defendant.</p> <p>6. This being a suit for a partition and settlement, the costs in the District Court are due by the mass.</p>