This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 Excerpt: ...in the case of gifts, whereas, our act of 1901 applies to all alienations. It was there held that the statute was without effect as to previously acquired property." Sec. 288. 'Guice vs. Lawrence, 2 La. Ann. 226, criticising and overruling the doctrine stated in Dixon vs. Dixon's Executors, 4 La. 188, 23 Am. Dec. 478, ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 Excerpt: ...in the case of gifts, whereas, our act of 1901 applies to all alienations. It was there held that the statute was without effect as to previously acquired property." Sec. 288. 'Guice vs. Lawrence, 2 La. Ann. 226, criticising and overruling the doctrine stated in Dixon vs. Dixon's Executors, 4 La. 188, 23 Am. Dec. 478, to the effect that the wife has a proprietary right during marriage. Succession of Boyer, 36 La. Ann. 506. 2It is well settled that the wife takes her moiety subject to the payment of the debts (Chap. LXXIV). It is also well settled that the husband is It is hard to define or classify her right during marriage; that it is not proprietary in character is well settled, and that she has a right of some sort is recognized by the authorities;8 her right has not been classified, but it resembles a right in personam during the marriage, ripening into a proprietary right--a right in rem--on the instant of the dissolution of the community, if she accepts it; if she renounces the community she "loses every sort of right to the effects of the partnership or community of gains."4 This right to renounce, in its bearing on the proprietary rights of the wife during marriage, has not received the attention that it seems, to the author, to merit. This right resembles the right of an heir under the civil law to renounce a succession, and so save himself from the liability that acceptance imposes; the wife renounces for the same reason. This renunciation does not seem to be regarded as a reconveyance, but rather as a refusal to accept a title which would otherwise be cast upon the wife with its burdens;B and until she is deemed to accept by her failure to renounce, she can hardly be regarded as owner of an interest in the property, though she may ...
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