STEVENS v. CLAIBORNE COMPANY

No. 6559.

305 So.2d 570 (1974)

Mrs. Gladys Bernard, wife of Weber B. STEVENS v. The CLAIBORNE COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

December 5, 1974.


Attorney(s) appearing for the Case

John H. Gniady, Bagert & Bagert, New Orleans, for appellant.

Michael J. Moran, Bridgeman & Conway, Metairie, for appellee.

Before REDMANN, LEMMON and BOURG, JJ.


REDMANN, Judge.

We granted certiorari to review a refusal to preliminarily enjoin foreclosure of a mortgage granted by defendant wife alone upon property declared by counter-letter recorded two years prior to the mortgage to have been acquired as community property, though the initial acquisition recited that the wife acquired it as her separate property.

Community property cannot be mortgaged by the wife, C.C. arts. 3300 and 2404; Mid-State Homes, Inc. v...

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