Pointe Coupee Democrat. [volume] (False River [i.e. New Roads], Parish of Pointe Coupee [La.]) 1858-1862, 1860-04-21
Supreme Court Decision.

Marguerite Decuir vs.. Divide Lejeune.-Opin-
ion delivered by VOORHEES,, j. Land, j., alb
sent.
The plaintiff, NJ. G.. D., the divorced
wife of O. L., sues the latter for a share
in the acquests and gains and for the
restitution of her dotal estate. The par
ties were married in May, 1912. BY
marriage contract, the present and tu-
ture property of the wife was constr
tuted dotal. Madeleine Lacour, plain
tif's mother, died in lS47, and her father,
j. B. D., two years afterwards. lhelr
succession comprised a large sugar
plantation and seventy-five slaves. The
spouses took possession of the respcc'
tive estates without form of law; the
whole property in question consequent
lv assumed the character of dotality.-
The debts due did not exceed the sum
of $4,000, an amount comparatively
small, if previous crops are k as a
criterion. O. L. was anxious to pay
the debts. In a petition, drawn by I.
Poydras, then a practicing attorney, the
plaintiff, with the authorization and as
~sistance of her husband, applied tor the
sale of a tract of land u~nconnectcd with
the main plantation, for the purpose OF
relieving the dotal property of this en-
cumbrance. No action vas taken, how
ever, upon this petition, which pursued
the course pointed out by law in such
cases. The views of 0, L. were differ.
ent, or had undergone a change. For
the purpose of divesting the property
of it's dotal character, which was an
obstacle in dealing with third persons,
he had occurs to another plan. Nor
tuary proceedings were had in the sue
cession of J. B. d., no mention being
made of the estate of Madeleine Lacour,
deceased. An inventory was made OF
all the property; an administrator ap
pointed, and a cash sale made of the
whole property in block-slaves, nova
bles and immovables, the whole being adj
Indicated to O.. l.. A tablcau of CLASH
fcation and distribution, filed by the
administrator, was duly homologated,
and subsequently a formal discharge CIV
en- by the spouses to the administrator.
But, as shown by the evidence in the
Record, the whole administration was a
stimulation, resorted to for the purpose
of divesting this property of its dotal
feature. o. L. had caused j. D. Lacour
to be appointed administrator Of the
estate Of J. B. Decuir, deceased. La
cour acted as such in appearance, but
he did not receive one dollar for the
price of adjudication of the plantation,
amounting to $4,000. He paid no
debts, he did not receive, nor did he
claim the payment of the sum of $3.50,
charged on the tableau as his commits
sion, although deducted in striking out
the balance of the paraphernal rights Of
plaintiff. The whole administration was
a fiction. The object of these mortuary
proceedings was to divest the property
Of the character of dotality. Was this
; accomplished
The property of dotal i~mmovables
says the Code, can I'VE be transferred
to the husband, even by express agree
!. ment. &c. G., 1885, 2337.) The adju
dication to O. L. was an absolute multi
ty, and gave him merely a nomina
title. The property remained the pro
perty Of his wife, NJ. c. D., a if nc NOR
tuary proceedings had, taken place. &C
G., 1886, 234o.) Two or three year,
elapsed; the spouses, although living
O under the same roof, had ceased to co
habit as man and wife. * Afte
d the lapse of three years, 0. L. agail
sued his wife, but then only for a sepa
j. ration from bed and board, on the groun'
of abandonment. An answer was file,
for NJ. G. D. by the attorney who ha'
instituted the suit in behalf of the plain
tiff. + 4 i x In ~reconvention sh
claimed several slaves as her dota
- property, and blank sum as her para
phernal rights in the succession Of he
father. She further renowned the con
munity of acquest and gains. 0.
u answered to the unconventional demane
recognized her rights for parapherns
i. funds, and specified the amount or ba
It ance which ultimately was taken a
IS basis of the judgment. This judgmen
It was rendered in her favor; it decree
her divorce, and awarded to her he
n dotal and her paraphernal rights a
o claimed and4admitted in the pleadings
d Immediately followed notarial acts i
Of execution OF this judgment. The d.
t. PENDANT, @. L., contends that concedin!
the nullity of his original title, the plail
to tiff has precluded herself by those vo
Ne untary acts of confirmation or rattle;
Mt ton. The latter joins issue upon TIN
e. point, and alleges that she was pr
ed vailed upon, by fraud and collision, |
IL act as she did, and that she labored a
de the while under grave errors Of la,
and fact. 1t is not amlss to inquil
to into the consequences Of a judgmel
TO which would preclude the plaintiffs d
81 mand in reconciliation of her dotal pr
!. merry When @ l. and NJ C n sfarfe