Head v. Bradley & Braud, Inc., 368 So. 2d 723

Lead Opinion

In re: Marie Cowart Head, applying for Certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of Ascension.

Writ denied.

TATE, J., dissents for the reasons assigned. CALOGERO, J., would grant the writ.

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Dissenting Opinion

TATE, Justice

(dissenting from the denial of writs).

After a divorce, the husband conveyed the wife’s community interest in property acquired during the community in fraud of her rights. The public records doctrine does not protect the sale by one not the owner of property conveyed. Redmann, The Louisiana Law of Recordation, 39 Tul.L.Rev. 491, 495, 500 (see footnote 36), 1965. Humphreys v. Royal, 215 La. 567, 41 So.2d 220 (1949) should be reconsidered, if it is in conflict with these principles.

Case Details

Case Name: Head v. Bradley & Braud, Inc.

Court Name: Supreme Court of Louisiana

Date Published: Mar 16, 1979

Citations: 368 So. 2d 723; 1979 La. LEXIS 8135; No. 64019

Docket Number: No. 64019

Court Abbreviation: La.