BRADLEY V. CLAFLIN, 132 U. S. 379 (1889)

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U.S. Supreme Court

Bradley v. Claflin, 132 U.S. 379 (1889)

Bradley v. Claflin

No. 110

Argued November 14, 1889

Decided December 9, 1889

132 U.S. 379


In Louisiana, as in the states in which the English system of equitable jurisprudence prevails, a creditor who has received from his debtor the legal title to real estate may institute other proceedings against the debtor in relation to the same property in order to strengthen his title or establish his lien, if he deems it his interest to do so.

In Louisiana, a married woman, who has received from her husband a conveyance

Page 132 U. S. 380

of real estate as a dation en paiement of a debt against him arising out of her paraphernal property which came into his control, may cause a mortgage of the same property to secure the same debt to be recorded in the manner provided by law, and the mortgage may become valid if the title under the conveyance fails.

In Louisiana, a mortgage or lien on real estate of the husband in favor of the wife is created by Art. 3319 [3287] of the code when the husband receives her dotal or paraphernal property, which mortgage though not registered, is not merged in a simulated and fraudulent title conveyed to her by her husband as a dation en paiement, and its registry by the wife makes it valid against creditors of the husband asserting title under liens subsequent thereto.

The case is stated in the opinion.

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