The Meridional. (Abbeville, La.) 1856-1906, 1902-04-19
The Landers Case Decided.

ed down the following decision IN the
Landers case on appeal from this
parish:
"No. IA, 003-Fred P. Rush ct. ais.
VS.. Franklin MANIFESTATIONS:
First-Where immovable property
in this state purports to have been
sold by a husband to his wife for a
certain sum of money, the title is
invalid on its face, the apparent con
sideration not being within the ex-
~ceptions provided by Civil Code g.
446 as essential to the validity of a
sale IN such case, and the property is
liable to seizure by the creditors Of
the husband.
Second-Where property so situ-
ated is seized upon a claim against
the husband, and the wife interyenes,
setting up title, and the Selling credi-
tor propounds to her Interrogatories
on facts and articles, her answers
thereto are entitled to no greater
effect, as against such creditor, than
her testimony or that of any other
witness given orally.
Third-Where the selling creditor,
in propounding such interrogatories
takes the initiative and attempts to
show that the consideration of the
putatiye sale was other than as stated,
either in the interyenor's title or in
her Intervention, and thereafter fails,
IN this court to ask for any ruling
upon his objection made during the
trial, to the introduction of parole
evidence to show the real considera-
ton of such sale, it will be presumed
that the objection is abandoned.
Fourth-Where the answers to such
interrogatories show that property in
another state had been conveyed by
the husband to the wife for a particu-
lar consideration, arising under the
laws of that state this court will not
assume, ven though it should be
made to appear that such considera-
ton was inadequate, that a different
consideration, testified to as moving
in the matter of the conveyance of
the Louisiana property was, therefore,
included and exhausted for the pur-
poses of the conveyance in such other
state.
Fifth-The validity of the convey
nee of immevable property in LOUISE
ana, and the capacity of q husband
and wife to deal with each other with
respect thereto, is to be determined
by the law of Louisiana.
Sixth-A sale Of such property be-
tween husband and wife can be made
only in the cases; and for the ccnsid-
Grafton as provided in Civil Code
2,446, and if apparently made for
some other consideration, is invalid
on its face, and if attacked by a
party showing sufficient interest, the
burden of proof, if proof be admitted,
rests upon the party seeking to main
tain the validity of such sale to show
the real consideration was within the
exceptions provided in said article.
Seventh-If in such cases, the claim
be that the consideration was an in
~debtedness of the husband to the wife
for money said to have belonged to
the wife and to have been received
and used by the husband, it must be
shown, where the parties are domicil-
ed in another state, that, by reason
of such receipt and use, the husband
became the debtor of the wife, that
the debt existed at the time of the
conveyance, and that the property
was conveyed in satisfaction, or in
part satisfaction of such debt.
Eight-Whether in such case, the
husband becomes the debtor of his
wife depends upon the law of their
domicile. :
Ninth-The courts of Louisiana
will take judicial cognizance of the
prevalence of the common law in a
sister state, and of the rule of the
common law that a married woman
cannot possess personal property
independently of her husband, except
where a trust has been created for her
separate benefit. But statutory modi-
fication of the common law, or the
creation of such trust, must be
proved, if either be.
1t is therefore ordered, adiudged
and decreed that the judgment
appealed from be annuIled, avoided
reserved ond fbaf fbaro ~ 10