US SUPREME COURT DECISIONS

U.S. Supreme Court

Carite v. Trotot, 105 U.S. 751 (1881)

Carite v. Trotot

105 U.S. 751

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF LOUISIANA

1. The seizure and sale under executory process, authorized by art. 732 of the Code of Practice of Louisiana, vest in the purchaser, as against the owner and subsequent encumbrancers, an absolute title to the mortgaged lands.

2. Such encumbrancers cannot set aside a conveyance by the creditor to the mortgagor's wife, made pursuant to his agreement with her, that should he purchase the lands when they wire subjected to judicial sale, he would sell them to her.

3. "The separation of property obtained by the wife" is not rendered void by the omission to publish it pursuant to art. 2429 of the Civil Code, nor by the consent of the husband that the case might be tried, nor by the failure to issue execution on the judgment authorizing the separation, where the object of the suit was merely to put an end to the community and to secure to her and her children the right to her future earnings, he not being condemned to pay any money other than the costs.