Nettles v. Sheriff
Nettles v. Sheriff
Opinion of the Court
The plaintiff, a married woman, gave her note to tho seizing creditors, who are attorneys-at-law, for the purpose of defending her husband, who was then confined in jail on a charge of manslaughter.
The question is, whether she is bound by such a contract.
Now, by Art. 2341 of the Civil Code, dotal immovables may be sold “ for the purpose of liberating from jail either husband or wife,” etc... If the wife can alienate her dotal and paraphernal property for such purpose, it is because a contract to that effect is legal and binding- upon her. (See Gilbert, Code Civil Annoté, notes to Art. 1658 of the N. 0.)
The charge of fraud preferred against the creditors is wholly unsupported by proof.
Judgment affirmed.
Reference
- Full Case Name
- S. B. Nettles v. The Sheriffs.
- Status
- Published