Levy v. Robson
Levy v. Robson
Opinion of the Court
Plaintiffs sue for their undivided half of certain community property (a cotton plantation) which their father mortgaged after the death of their mother, and which, at the foreclosure sale under the mortgage thus given, was adjudicated to the persons from whom defendant acquired.
The defenses are that the mortgage was given before the death of the mother of plaintiffs, or, if not before the death of the mother of plaintiffs, at any rate for a debt of the community, and that, moreover, the community was insolvent, and the price of the property went to pay its debts, and that, as a consequence, the property cannot be recovered back.
The record shows that the mortgage was given after the death of the mother of plaintiffs, and the testimony did not satisfy the
Plaintiffs complain that the amount allowed by the lower court is excessive, and should be reduced. We have concluded not to disturb the finding of the lower court, though we must admit the amount does appear to us to be rather large.
Judgment affirmed.
Reference
- Full Case Name
- LEVY v. ROBSON
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- COMMUNITY PROPERTY — SUIT BY HEIRS — ISSUES. 1. In a suit by the heirs of the wife to recover their share of the community property alienated by the husband after the death of the wife, the question of the solvency or insolvency of the community cannot be inquired into. (Syllabus by the Court.)