METAIRIE BANK & TRUST CO. v. WENDRYHOSKI, ETC.

No. 7635.

338 So.2d 978 (1976)

METAIRIE BANK AND TRUST COMPANY v. WENDRYHOSKI, DeBLANC, AND ASSOCIATES, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 16, 1976.

Writ Granted January 14, 1977.


Attorney(s) appearing for the Case

James T. Flanagan (Mollere, Flanagan & Arceneaux), Metairie, for plaintiff-appellee.

John J. Farrell, Jr., P. J. Browne, Jr. (Montgomery, Barnett, Brown & Read), New Orleans, for intervenor-appellant.

Before SAMUEL, REDMANN and SCHOTT, JJ.


REDMANN, Judge.

Plaintiff bank obtained and recorded a judgment against Ralph Diaz. Then Rafael E. Diaz and his wife recorded a counter-letter ("Declaration of Separate Property") declaring that their home, acquired in the name of Rafael Eduardo Diaz for convenience only, was in fact acquired as the wife's separate property with her separate funds.1 Thereafter, plaintiff caused the

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