Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 97, PT. 2

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 97, PT. 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...II. On the second proposition our opinion simply states, without any discussion, "that the property was owned in indivision," without specifying it as separate or community property. An inspection of the record discloses no record proof as to the date or dates at which the deceased, T. S. Crawford, acquired the property in dispute, exc pt of one tract of eighty acres, which was adjudicated to him at sheriff's sale on the 1st of April, 1854; and, inasmuch as his marriage occurred on the 28th of December, 1854, it was evidently not an asset of the Crawford community. With regard to the remaining three hundred and thirty acres there is no proof, except that furnished by the evidence of the widow Crawford, that her deceased husband had purchased all of the lands and made all of the improvements thereon prior to their marriage. The judge a quo did not regard that testimony suflicient to justify the annulment of the defendant's title, derived, as it was, through a judicial partition of the property, proceedings in which had been taken on the theory that same was community. As there is only one-half interest in eighty acres affected by this ground of complaint, we are of opinion that the rule de minimils should apply--it being only ten per centum of the total amount of land claimed. We think his decision was correct. III. After judgment had been rendered against them, plaintiffs made an unavaiiing application for a new trial in order to introduce in evidence a certified abstract of land entries found in the recorder's oflice, parish of Richland, showing that T. S. Crawford did enter the remaining three hundred and thirty acres of land on July 31, 1854, and September 21, 1854, respectively, to show his separate...show more

Product details

  • Paperback | 332 pages
  • 189 x 246 x 18mm | 594g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236797175
  • 9781236797179