98 So. 420 | La. | 1923
Rudolph Schwab obtained a judgment on June 27, 1918, against Adrian 1-Iava for the sum of $535, with-6 per cent, interest thereon from November 27, 1916, and all costs. He seeks, in the present suit, to have certain property standing of record in the name of Marie Ernestine Chavigny wife of Adrian Hava, declared to be community property and subject to seizure in.satisfaction of his said judgment. The defense is fraud and collusion between Rudolph Schwab and Adrian Hava and that the property sought to be levied upon is the separate and paraphernal' property of Mrs. 1-Iava for having been bought with her own separate funds.
The district judge was of the opinion that neither of these defenses were sustained by sufficient evidence, and he accordingly rendered judgment as prayed for by plaintiff. From that judgment, Mrs. Hava prosecutes the present appeal.
The other defense, to the effect that the property sought to be held liable to seizure under plaintiff’s judgment, equally lacks sufficient proof for its maintenance.
It is shown that the debt due to plaintiff
The judgment appealed from should therefore be affirmed, and it is so ordered.