Bienvenu v. Derbes
Bienvenu v. Derbes
Opinion of the Court
The judgment of the court was pronounced by
The plaintiff, who is a married woman, separated in property from her husband, has enjoined the execution of a writ oifi.fa. directed against her, alleging: first, that the judgment under which it issued was for a debt due by her husband ; and, secondly, that the sheriff has levied Upon her dotal property, which by law is inalienable during the marriage. The injunction was dissolved in the court below, and the plaintiff has appealed.
The judgment under which the writ enjoined was issued, was rendered on the confession of the plaintiff, in 1841. It was'for the amount of two promissory notes, executed by her several years after a separation of property'between her and her husband had been decreed, and with the authorization of the latter. Nothing in the record of that suit shows that the-debt was due 'by the husband,
The second question presented has been settled by the Supreme Court in the case of Guerin v. Rivarde, 8 Rob. 457. It was then determined that, after a separation of property, the dotal affects of the wife cease to be inalienable, Judgment affirmed.
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